legal battle over health care reform is just beginninng

Both sides in the legal battle over health have found reasons to claim victory recently, but Nor should pop open the champagne yet, constitutional law experts said. Secure it Easy for me

A number of challenges for the individual mandate have woven their way through the legal system since the reform law was enacted, but the resolution is still far away.

In the three district court cases have been decided in principle to date, supporters of the new law has a 2-1 lead.

Opponents of the health reform law new cheered this week when a federal judge in Virginia ruled that the law required individual health insurance is unconstitutional.

Keynote speaker John Boehner (, R-Ohio) used the decision to go on the offensive, saying that the government of Obama, rather than appeal the decision, "must work with Congress to repeal the occupational health law to kill so we can replace it with reforms that reduce costs and protect jobs. "

However, supporters of the reform law were those held in November and October, when federal judges in two cases, confirmed the individual mandate.

"Nobody really well," said Gregory Magarian, Washington University School of Law professor.

The Supreme Court has the final word, and challenges the district court are not predictor of how the Supreme Court decided, experts said.

"We sit in Round 1," said Magarian. "To say something about of how this will shake all it is almost impossible. "

Reform opponents say the law Congress can not force people to buy health insurance against their will. Supporters say that the refusal of an individual buying insurance is an active decision that can be adjusted, because each person needs medical attention at some point.

The White House was quick to claim victory in his blog when a lower court in his favor. So far, about a dozen cases against the law reforms have been driven up, while the individual mandate has survived challenges in Virginia and Michigan cases decided by judges appointed by Democrats.

Meanwhile, Attorney General Ken Cuccinelli Virginia claimed victory after a federal judge in Virginia Republican officially annulled mandate every Monday.

"Today, a federal judge in! Richmond ruled the individual mandate health federal law unconstitutional," wrote Cuccinelli on its website on Monday. "In other words – we won!"

However, the district court's rulings so far have little to do with how the law applies. The individual mandate provision does not kick in 2014, and experts do not expect the Supreme Court heard a challenge for law reform to 2012 – the timing of which will undoubtedly play an important role in the upcoming presidential election.

It is still unclear how many challenges will reach the Supreme Court, as well as how judges will rule on the individual mandate. Only one case in the district court has reached an appellate court and the Obama said he would appeal Monday's decision.

The Supreme Court will ultimately decide whether to hear challenges multiple or single out, as all challenge the individual mandate in the same legal base. A challenge in Florida, which was filed by 20 states and generated dozens of letters of friend playing field high-profile case may be more appealing to the Supreme Court hearing, said Steve Schwinn, professor of constitutional law at the John Marshall Law School.

"Florida is probably more likely to receive more attention because it involves so many states coming on board to challenge the law, including tax general and governors, "Schwinn said.

But trying to predict how the Supreme Court will rule on the constitutionality of the individual mandate is more difficult, he said.

"It's a strange kind of question that the Supreme Court has not really touched in a way that gives us an idea," Schwinn, said.

Although the Supreme Court will ultimately decide on the constitutionality of the law, the appellate court can still play an influential role.

"The worst that can happen in the administration of [Obama]," Magarian said, "is a really strong and well-reasoned opinion of the court of appeals achieve health program down, perhaps in a number of reasons. "

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