Courts
Why Obama Wants a Supreme Court Fight on Health Reform in 2012
By Massimo Calabresi | September 27, 2011 | 91The Obama administration’s decision late Monday not to ask for a full court review of the August decision by two appeals court judges to strike down ObamaCare is a risky but potentially high-value play by the White House in the legal battle over health care reform.

An administration source says the decision was made largely for practical reasons. For starters, the White House didn’t think it would prevail if the 11th circuit had agreed to reconsider the case with all of its judges weighing in. Of the ten judges who would rehear the case, five are GOP appointees, and one of the Democratic appointees, Frank Hull, was on the panel that ruled against the law in August. The outlook was so bad, says the administration official, that “it’s likely [the request for a rehearing] wouldn’t have even been granted.â€