Indiana and 25 other states have filed a petition for writ of certiorari with the Supreme Court of the United States asking the nation’s highest court to rule on a lawsuit involving the Affordable Care Act.
The petition was filed Wednesday and questions whether Congress can mandate that a person must buy private insurance or else pay a fine. The case originated in District Court in Florida, in which the judge struck down the entire law as unconstitutional. The 11th Circuit Court of Appeals affirmed in part, only finding that the individual mandate portion of the law is unconstitutional.
That decision was opposite of what the 6th Circuit Court of Appeals found in a separate challenge, holding the requirement people have health insurance or pay a penalty is constitutional. The 4th Circuit Court of Appeals held earlier this month that it can’t rule on the constitutionality of the individual mandate until 2014. It held that the penalty is essentially a tax and can’t be challenged until consumers start paying it.