The US Chamber of Commerce [official website] filed an amicus brief [text, PDF] on Tuesday asking the Supreme Court [official website] to agree to resolve the deepening legal conflict over the constitutionality of the Patient Protection and Affordable Care Act (PPACA) [text; JURIST backgrounder]. The National Chamber Litigation Center (NCLC) [official website], the Chamber of Commerce's public policy law firm, wrote the brief, which does not address the PPACA's constitutionality, but outlines the negative consequences for businesses that will allegedly result from the law's implementation:
The PPACA imposes a myriad of costly obligations on the business community. ... Uncertainty over the future of the PPACA seriously undermines the ability of American businesses to plan for the future, and to make informed decisions concerning investment in growth and hiring.The Chamber of Commerce argues that the uncertain constitutionality of the PPACA is hurting businesses' ability to make future financial decisions. The Supreme Court is likely to take up the issue next summer.
There are currently several health care appeals pending before the Supreme Court. Earlier this month, both the state of Virginia and Liberty University appealed a ruling by the US Court of Appeals for the Fourth Circuit, which dismissed their challenges for lack of standing [JURIST reports]. In September, the US Department of Justice [official website] appealed an August ruling by the US Court of Appeals for the Eleventh Circuit, which struck down the individual mandate [JURIST report] as unconstitutional, creating a circuit split. The US Court of Appeals for the Sixth Circuit had upheld the law in June, and that ruling was appealed [JURIST reports] to the Supreme Court by the Thomas More Law Center [advocacy website]. Also in August, the US Court of Appeals for the Third Circuit dismissed a lawsuit [JURIST report] brought by a physician organization for lack of standing.