As described in further detail in SSD’s Sixth Circuit Appellate Blog here and on the ACA Litigation Blog here, the U.S. Court of Appeals for the District of Columbia issued a decision yesterday in Seven-Sky v. Holder that the individual insurance mandate is constitutional. This brings the total to 2 appellate courts for the law (the D.C. Circuit in this case and the 6th Circuit in the Thomas More v. Obama case), 1 against, and 1 deciding that the issue can’t be decided until the law goes into effect (the 4th Circuit in Liberty Univ. v. Geithner).
The Seven-Sky case will likely be the subject of a prompt petition to the U.S. Supreme Court for review. The other cases are currently pending for consideration by the Supreme Court of whether (or which) of the cases it will take up on appeal.
