SCOTUS takes up multi-state challenge to Obamacare

Published November 14, 2011 5:00am ET



This morning, the U.S. Supreme Court announced its decision to consider the legal challenge to the national health care law, brought by 26 states led by Florida, and the National Federation of Independent Business.

This is great news for opponents of Obamacare, because the case, which comes out of the 11th Circuit of Appeals, is the best briefed and best argued of all of the various legal challenges to the health care law. It’s the case that opponents of the law won at both the district court and appellate level.  

Former solicitor general Paul Clement and Michael Carvin of Jones Day (who also has lots of experience  before the Supreme Court) did a masterful job arguing the case before the 11th circuit. Georgetown Law Professor and constitutional law whiz Randy Barnett is also an advisor to the NFIB on the suit.

Until we have an actual decision by early next summer, legal experts will spend months speculating on how the the court will ultimately rule. But opponents of the law should be heartened that they’ll at least have their A-team handling the case.

Read the Court’s order here.

UPDATE: I asked Ken Cuccinelli’s office whether Virginia would consider joining the Florida-based case in light of today’s order. Spokesman Brian Gottstein emailed: “We are waiting for the Supreme Court to meet November 22 to consider whether to grant our case a hearing.”