On this one year anniversary of the signing of the Obama health law, we should step back and review where things stand on the legal challenges against that package of reforms.
First, let's recall that one year ago, backers of health reform openly scoffed at the idea that any of it would come under close scrutiny by the Judicial Branch.
"Are you serious?" then Speaker Nancy Pelosi said to a reporter when asked where in the Constitution was the power to force people to buy insurance, the so-called individual mandate.
Now, it's a little different, as this case against the mandate is making its way through the federal courts.
"We all know it's going to end up in the Supreme Court eventually," says David Rifkin, who is the lead lawyer in the lawsuit started by Florida, but now joined by 25 states in all.
The multi-state challenge is on its way to the 11th Circuit Court of Appeals in Atlanta, where a hearing date of June 6 has been set.
Rifkin told a symposium this week in Washington that he has asked for that hearing to be "en banc" - that is, to involve all of the judges on the 11th Circuit, not just a three judge panel.
That could speed up any appeal to the Supreme Court.
Two other cases from Virginia will be argued in the 4th Circuit on May 10, though that state's Attorney General has again asked the Supreme Court to accept the matter immediately.
"Because of the significant constitutional issues raised and the crippling uncertainty faced by the country until those issues are resolved, Virginia seeks...to expedite resolution of its challenge," read the final plea to the High Court by Virginia Attorney General Ken Cuccinelli.
The justices could take up the issue at a mid-April conference on whether or not to accept an expedited appeal in this case.
Not many people here in Washington are convinced that the Justices will decide to speed things up, as the betting is the Court will let the case move through various appeals courts instead.
Despite that, Rifkin sees the case getting to the Court early in 2012.
"One very plausible scenario would have cases briefed in January and February of 2012, oral arguments in April and a decision issued in June," said Rifkin.
That would also mean a big time legal battle at the Supreme Court during the middle of a President election year.
Stay tuned.
