Georgia Department of Law, from the office of Samuel S. Olens, Attorney General


U.S. Supreme Court to Review Constitutionality of Federal Healthcare Law

November 14, 2011

The U.S. Supreme Court announced today that it has granted certiorari in the multi-state challenge to the federal healthcare law. The Court has agreed to review whether the individual mandate exceeds the limited powers of Congress; whether the individual mandate, if unconstitutional, can be struck down on its own or whether the whole law must fall; whether the  federally-mandated expansion of Medicaid exceeds Congress's power under the Spending Clause of the Constitution; and  whether  the Anti-Injunction Act affects the Court's jurisdiction to hear the challenge to the individual mandate.  Attorney General Sam Olens, whose first act after taking office was to join the 26 state suit, applauded the move by the Court:

“Today's act by the Supreme Court is a crucial step in our long fight to reign in the federal government’s unconstitutional over-reach into the healthcare marketplace and to restore individual liberty when it comes to personal decisions about healthcare. I am pleased that the U.S. Supreme Court has recognized the constitutional magnitude of this case and will soon be deciding our case. I look forward to oral arguments this spring and a final ruling from the Court thereafter.”