The CQ Researcher Blog 1

The CQ Researcher Blog

Supreme Court starts a new term on Monday with two carefully watched privacy situations already on its docket and challenges to President Obama’s health care plan in the wings. More important than the 48 instances already granted review are the multiple challenges to the Patient Protection and Affordable Care Act that Congress exceeded and Obama signed in March 2010 after a fiercely partisan legislative battle. Three federal government appeals courts have released different rulings on the key issue in the situations: the constitutionality of requiring everyone to have health insurance or pay the charges. The Sixth Circuit in Cincinnati upheld regulations. The Fourth Circuit in Richmond, Va., rejected the challenges on procedural grounds.

But the Atlanta-based Eleventh Circuit ruled the average person mandate unconstitutional in separate cases filed by Florida along with 25 other state governments and by the National Federation of Independent Business. Challengers have alreadysubmitted their petition, Thomas More Law Center v. Obama, 11-117, requesting the justices to examine the Sixth Circuit decision. On Wednesday In separate moves, both sides in the Eleventh Circuit case asked the Supreme Court to review the decision in time to decide it this term.

“We wish the Supreme Court takes up the case,” White House domestic plan adviser Stephanie Cutter wrote on the White House blog in past-due afternoon, “and we are self-confident we shall earn.” The government’s petition is U.S. Court watchers are anticipating two other major conditions that the justices should review this term. In Arizona v. United States, 11-182, the federal government is challenging Arizona’s immigration-related legislation known as SB 1070 that, among other activities, makes it circumstances crime to neglect to bring federally released paperwork.

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Critics call it the “show me your papers” rules. The San Francisco-based Ninth Circuit upheld a lower court injunction obstructing major provisions of the law. The state has appealed to the Supreme Court. In another case, Fisher v. University of Texas, 11-345, an unsuccessful white applicant to the University of Texas’ flagship Austin campus is challenging UT’s admissions plan of treating race as a “plus factor” for minority candidates.

A three-judge panel of the Fifth Circuit, in New Orleans, upheld the plan; the full court rejected an en banc hearing with a 9-7 vote, more than a forceful dissent. Without those potential situations Even, the court starts with a challenging selection of issues carrying out a term that many observers rated as lacking blockbuster decisions.

The two personal privacy cases may test the conservative-liberal fault lines. In USA v. Jones, 10-1259 (arguments: Nov. 8), the government is declaring the to track a medication suspect utilizing a global placement system (GPS) devices mounted on his car without first finding a search warrant. The D.C. Circuit ruled a warrant is necessary.

“In the 21st hundred years digital age, we can longer think of privacy in binary conditions no,” Shapiro said at the ACLU’s annual preview session. On Monday with an apparently technical case The justices open the term, Douglas v. Independent Living Center of Southern California, 09-958 (arguments: Oct. 3), with potential stakes for interest groups of all stripes. Healthcare providers and Medicaid beneficiaries are challenging California’s decision to lessen reimbursements under the joint federal-state program. The plaintiffs argue the cuts are preempted by federal law. The suits were allowed by The Ninth Circuit to proceed, but the national government says the Medicaid regulation will not enable enforcement by private parties.

Interest groups ranging from the U.S. Chamber of Business to the ACLU and NAACP Legal Defense Fund have submitted friend-of-the-court briefs on the plaintiffs’ part, fearing the potential ramifications of a choice limiting private suits. Todd Garland, CQ Press legal intern, contributed to this story. On the net: The U.S.