Not to get too into the legal weeds, but worth remembering that the ruling by 11th Circuit on the constitutionality of the health insurance mandate was by a three-judge panel of the court. Three-judge panels get the first and usually only stab at most cases on appeal. But in legally and politically significant cases, the entire appeals court may decide to hear the case en banc. The en banc decision trumps the three-judge panel. So this may not be the last word on the matter from the 11th Circuit.

Correction: Contrary to what I originally suggested, the losing side in a similar case before the 6th Circuit did not request en banc review. The plaintiffs, seeking to invalidate the health care reform law, instead went directly to the Supreme Court.

David Kurtz

David Kurtz is Managing Editor and Washington Bureau Chief of Talking Points Memo where he oversees the news operations of TPM and its sister sites.