The legal battle over the Obama health law quietly took a big step towards the U.S. Supreme Court on Monday, as the Obama Administration decided not to ask for the 11th Circuit Court of Appeals to review a ruling that found the individual mandate unconstitutional.
The Justice Department had until close of business Monday to appeal the ruling of a three judge panel to the full 11th Circuit; this is the case that was originally brought by the state of Florida, and is now supported by over half of the states.
Now, the next logical step is for the Obama Administration to take the case directly to the U.S. Supreme Court, which begins its fall term next week on the First Monday in October.
There had been some thought that the White House might want to go before the full 11th Circuit for an 'en banc' hearing, in order to slow the legal process down a bit, and insure that the case did not get argued and settled before next year's elections.
But by deciding not to continue the fight before the 11th Circuit in Atlanta, now things will head to the Supreme Court instead.
That means the likely scenario is the justices will accept the health care matter later this year; arguments would take place early in 2012, with a decision likely by the end of the term, late June of next year.
That would mean a ruling just four months or so before the November 2012 elections, a legal decision which would almost be certain to have a major impact on the Presidential election.
