Bench Memos

High Court Will Hear Health Care Cases

This morning the Supreme Court accepted certiorari in the 11th Circuit Court of Appeals case challenging the constitutionality of the health care reform law.  The Court has accepted just about all of the legal questions raised in the case, including the spending clause challenge to the expansion of Medicaid, and also wants argument on whether the Tax Injunction Act precludes consideration of the challenges to the mandate prior to the assessment of penalties.  The oral arguments will cover several hours.

Jonathan H. Adler — Mr. Adler is an NRO contributing editor and the inaugural Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His latest book is Marijuana Federalism: Uncle Sam and Mary Jane.