This morning, the Supreme Court denied the state of Virginia’s request to hear a case on the constitutionality of the healthcare reform law. (You can read about this morning’s decision, and find the briefs and order in the case, at scotusblog.) This isn’t the end of the issue: Virginia asked the Supreme Court to allow it to jump the usual line of appellate review and go straight from the district (trial) court to the Supreme Court, without waiting for the federal Court of Appeals to hear the case and issue its own decision. In today’s order, the Supreme Court declined to hear the case before the Court of Appeals had a chance to deal with it. After the Court of Appeals issues a judgment, however, either party could once again ask the Supreme Court to hear the case.
There have been a handful of cases around the country challenging the constitutionality of various parts of the healthcare reform law, and these decisions conflict with each other. In the Virginia case, the district court found that the “minimum essential coverage provision” — the individual mandate, which requires everyone to have health insurance by 2014 or pay a penalty — was unconstitutional. The Obama administration argued that Congress had the right to enact this provision by virtue of the Commerce Clause, which gives Congress the right to regulate commerce among the states. Ultimately, the district court sided with Virginia on this claim, finding that Congress’s right to regulate existing commerce did not confer the right to force people to engage in commerce (by requiring them to purchase health insurance).
The federal Court of Appeal for the Fourth Circuit is scheduled to hear the Virginia case next month, and the other cases that have challenged the law across the country are also finding their way to other circuit courts. As these appeals are decided — and we march inexorably toward the effective dates of the most controversial parts of the healthcare reform law — the Supreme Court will undoubtedly be asked again to decide whether the law is constitutional.