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O'Melveny's Dellinger Quoted in Politico About SCOTUS Review of Health Reform LawSeptember 27, 2011 O'Melveny & Myers Appellate Practice partner Walter Dellinger is quoted in the September 26, 2011 Politico article "Health Suit Might Head to SCOTUS," about the possibility that the Supreme Court may be asked to decide whether the health reform law is constitutional. Opponents of the law had expected the government to ask for the so-called en banc hearing to delay a ruling by the Supreme Court. But former acting Solicitor General Walter Dellinger, who has worked on briefs in support of the legislation, said the move should be read as a sign of confidence from the administration.
“This confirms what I had already concluded: That the government is confident that it’s going to prevail in the Supreme Court and would like to have a decision sooner rather than later,” Dellinger told Politico.
The issue of the constitutionality of the individual mandate has been widely expected to be decided by the Supreme Court. The key question has been the timing. The Justice Department’s apparent decision to ask the Supreme Court to review the case greatly increases the chances the issue will be heard in the 2011-12 term, which begins Monday.
Dellinger resides in O'Melveny's Washington, DC office.