Rule of Law

Supreme Court to decide fate of ObamaCare next year

Ruling on individual mandates to come months before 2012 elections

BY JOSEPH STRAW

WASHINGTON – The nation’s highest court will weigh in on President Obama’s landmark health care law in the midst of the 2012 election.

Courts around the country have issued conflicting rulings on the constitutionality of Obamacare, requiring the showdown announced Monday by the U.S. Supreme Court.

Arguments before the justices – five appointed by Republican presidents, four by Democrats — are scheduled for March, with a decision likely by late June, just over four months before Election Day.

Key to most challenges is the law’s individual mandate, which will require that all Americans buy health insurance starting in 2014.

Conservatives generally claim the mandate is unconstitutional.

Republican presidential hopefuls have pledged to make repeal of the 2010 law a top priority if elected.

Newt Gingrich tweeted: “Pleased that the Court has decided to hear Obamacare case. First item in my new contract is repeal & replace Obamacare.”

A confident White House Communications Director Dan Pfeiffer said the administration is “pleased” by the high court’s decision.

“We know the Affordable Care Act is constitutional and are confident the Supreme Court will agree,” Pfeiffer said in a statement.

Doug Kendall, head of the left-leaning Constitutional Accountability Center, noted that conservative jurists, including senior judge Laurence Silberman of the District of Columbia U.S. Court of Appeals and U.S. Sixth Circuit Court Judge Jeffrey Sutton, have ruled that Obamacare is constitutional.

“The question is what the court will do with it, and on that question, we hope and expect the Supreme Court will adopt the reasoning of preeminent conservatives like Judges Silberman and Sutton and uphold the law,” Kendall said.

More from Rule of Law

Rule of Law
February 25, 2026

Supreme Court not fully sold on foreclosure fairness bid

Courthouse News Service
A showdown over tax foreclosures had the justices considering the striking set of facts that...
Rule of Law
February 25, 2026

CAC Release: Supreme Court Oral Argument Focuses on Takings Clause, While Largely Ignoring the Problematic Excessive-Fines-Clause Analysis Applied by the Court Below

WASHINGTON, DC – Following oral argument at the Supreme Court this morning in Pung v....
By: Miriam Becker-Cohen
Rule of Law
February 24, 2026

50+ Organizations Condemn Federal Authorities for Blocking Minnesota’s Independent Investigation into CBP Killing of Alex Pretti

WASHINGTON, DC — Today marks one month since the killing of Alex Pretti on January...
Rule of Law
February 20, 2026

CAC Release: Supreme Court Rejects President Trump’s Claim of Unilateral Tariff Authority

WASHINGTON, DC – Following today’s decision at the Supreme Court in Learning Resources v. Trump and Trump...
By: Simon Chin
Rule of Law
U.S. Court of Appeals for the District of Columbia Circuit

Climate United Fund v. Citibank

In Climate United Fund v. Citibank, the en banc United States of Court of Appeals for the D.C. Circuit is considering whether the Trump administration can unilaterally abolish a mandatory grant program created by Congress.
Rule of Law
U.S. Court of Appeals for the Ninth Circuit

Oregon v. Landis

In Oregon v. Landis, the Ninth Circuit is considering when states may prosecute federal officers for state crimes.