A three-judge panel on the Sixth Circuit Court of Appeals hearing one of the pending challenges to the health care reform law has sent lawyers for both sides a somewhat unusual letter, suggesting the court may be focused on whether plaintiffs have standing to bring suit in the first place. The court also appears to be focused on whether, assuming plaintiffs do have standing, their claims are ripe for adjudication.
This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=111520