ObamaCare Now In The Hands Of The Supremes….

The Supreme Court will have to decide whether to take the case during a presidential election.

(Politico)…The Obama administration chose not to ask the 11th Circuit Court of Appeals to re-hear a pivotal health reform case Monday, signaling that it’s going to ask the Supreme Court to decide whether President Barack Obama’s health reform law is constitutional.The move puts the Supreme Court in the difficult position of having to decide whether to take the highly politically charged case in the middle of the presidential election.

The Justice Department is expected to ask the court to overturn an August decision by a panel of three judges in the 11th Circuit Court of Appeals that found the law’s requirement to buy insurance is unconstitutional. The suit was brought by 26 states, the National Federation of Independent Business, and several individuals.  Since the ruling, the Justice Department had until Monday to ask the entire 11th Circuit to review the case. The cosmetic dentistry macomb township mi didn’t file the paperwork by the 5 p.m. deadline, so the ruling would stand unless the Justice Department asks the Supreme Court to step in.  The petition isn’t due until November, and the administration could get an extension.

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.  “The president and solicitor general deserve full credit for refusing to employ delaying tactics in this pressing constitutional controversy,” said Randy E. Barnett, a Georgetown Law professor who is working with the plaintiffs.  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.

The Supreme Court now has several strong reasons to accept the case. The court rarely declines requests from the government to take a case, especially in situations in which a circuit court has struck down a piece of a high-profile law.  There is also a split between the appeals courts. The 6th Circuit Court of Appeals has upheld the mandate, the 11th Circuit has ruled it unconstitutional, and the 4th Circuit has ruled that a tax law prevents it from issuing a decision on the mandate until at least 2014.  “The odds are pretty significant the court will take the case now,” said Ron Pollack, executive director of Families USA, which has filed briefs in support of the law.

But a Supreme Court ruling in the middle of a presidential election could carry serious political risks, since a decision upholding or striking the mandate has the potential to galvanize either Republicans or Democrats.  If the court accepts the case before January, it is likely to be put on the calendar to be heard in the spring. A decision would likely be postponed until June.  The 26 states and the NFIB have said they would work quickly to file briefing papers to ensure the case can move quickly.

The Justice Department did not explain its decision, but there were strong reasons for it not to pursue the en banc hearing.  There are only five judges appointed by Democrats on the 11-judge circuit, and one them has already ruled to strike down the mandate. So far, many judges have ruled along the party lines of the president who nominated him or her. So it’s unlikely the government would have gotten a better response out of the full panel.

It’s also possible that the 11th Circuit wouldn’t have agreed to re-hear the case.


About Ad rem

Millions of little gray cells wrapped in fur.
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31 Responses to ObamaCare Now In The Hands Of The Supremes….

  1. ZurichMike says:

    I think a decision either to uphold ObamaCare or find it unconstitutional will galvanize REPUBLICANS more than Democrats. If ObamaCare is upheld, Americans will be furious (and the Dems think we’re mad now) and will make the 2012 election a single-issue litmus test by voting out every single Representative or Senator who voted for it, and voting in those whose first order of business will be to repeal it. If ObamaCare is overturned, the only ones who will be furious will be public sector unions and the moonbat left, but ObamaCare is now so tainted, and so linked to this horrible economy, that there is No.Way.In.Hell that the left will prevail in convincing anyone to vote for it again.

    The pointy-headed leftist whores surrounding the Marxist mulatto have overplayed their hand again.


  2. G8rMom7 says:

    So what is good for us in this? There is going to be a whole riggamorall (sp?) over whether Sotomayor and/or Clerence Thomas can be a part of the decision because this, that and everything else. Ick.


    • ZurichMike says:

      It is Sergeant Schultz (Justice Elena Kagan) who, in her role as Solicitor General, may have been consulted on possible legal challenges to ObamaCare legislation when it was being drafted. This is a a direct conflict of interest.

      Justice Clarence Thomas’s wife actively seeks to repeal ObamaCare. Her opinion is not necessarily his, and cannot be imputed to him.

      But the left knows that Kagan will more than likely be called upon to recuse herself, and to make up for the loss of one vote, are all of a sudden saying that Thomas should as well, even though the two situations are legally and ethically miles apart. Note how all of a sudden there are articles — including the NY Times — talking about how smart and influential Thomas is (up to now, he’s been the left’s whipping “boy” — an Uncle Tom who is also stupid), setting the stage for making the argument that he recuse himself.


    • tnwahm says:

      With all they’ve tried to throw at Thomas, just like Sarah Palin, I would be shocked if they succeeded. They’ve just made him stronger. I LOVE Thomas!


  3. Auntie Lib says:

    I think Kagen will have to recuse herself – there’s documentation that she was involved in drafting the legal rationale/defense of the dang thing. I don’t know what grounds could be used to remove any of the conservative justices or Sotomayor. Anyone???


  4. Patriot Dreamer says:

    Here we go: Feds decline to seek appellate rehearing on ObamaCare decision, paving way for Supreme Court battle



    • Ad rem says:

      I figure Kagan and Thomas might just cancel each other out, but what was the other info you had that could cause Sotomayor to be recused? I haven’t been able to find anything solid….other than wishful comments on other blogs.


  5. No. 10-1351
    Title: Alan Keyes, et al., Petitioners
    Debra Bowen, California Secretary of State, et al.

    Docketed: May 4, 2011
    Lower Ct: Court of Appeal of California, Third Appellate District
    Case Nos.: (C062321)
    Decision Date: October 25, 2010
    Discretionary Court
    Decision Date: February 2, 2011

    ~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
    May 2 2011 Petition for a writ of certiorari filed. (Response due June 3, 2011)
    May 25 2011 Waiver of right of respondent Debra Bowen, California Secretary of State to respond filed.
    Jun 2 2011 Waiver of right of respondents President Barack Obama, and Vice-President Joseph Biden Jr. to respond filed.
    Jun 2 2011 Waiver of right of respondents 55 California Presidential Electors of 2008, (Aleita Huguenin, et al.) to respond filed.
    Jun 15 2011 DISTRIBUTED for Conference of September 26, 2011.

    That conference was held yesterday: Monday, September 26, 2011.
    It may be 1 to 2 weeks before we learn the outcome of that conference.


  6. Patriot Dreamer says:

    Health premiums now more than a new car


    Remember when Obummer said that ObamaCare would lower the cost of premiums by 3,000%? (Later, the White House corrected this to $3,000 dollars, but whatevs.)


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