Fourth Circuit Decisions Dodge Central Obamacare Issues (Good Analysis)

NRO's Bench Memos ^ | 9/8/2011 | Carrie Severino

[mojito]

As Ed Whelan has noted, today the Fourth Circuit handed down a decision against both Virginia and Liberty University in their cases challenging the constitutionality of Obamacare. While this is a defeat for the particular plaintiffs and a boon for the government insofar as it eliminates two more fronts on which the law is being attacked, it’s hardly a victory for Obamacare itself. Both decisions rest on grounds that will not affect the other appellate decisions now en route to the Supreme Court.

[mojito]

For those interested in the background to the peculiar 4th Circuit decision yesterday, this synopsis is clear and factual.

[Lurking Libertarian]

Agreed. Very good analysis, especially of the standing issue. Thanks for posting.

[Signalman]

It’s all going to come down to Justice Kennedy.

[lurk]

Would it not be a good thing for the VA/Cuccinelli case that this court ruled against the plaintiff as they did?

If the circuit court, stacked with two Clintons and an Obama, ruled against plaintiff with a wave of the hand and did not actually evaluate the case on its content or arguments, the Supremes can hand down a rebuttal of the ruling and Cuccinelli wins.

[Monorprise]

Disagreed, the only possible way for Virgina not to have suffered an injury is if its law protecting the rights and liberties of Virginians stands undisturbed.

If that is the case Virgina needs to issue notice of warnings to Federal IRS agents that if they attempt to enforce the individual mandate they will be looking at Jail time.

If that is not the case then the hand picked Federal Employees in black-robes have to at least claimed to have had the authority to tried the Virgina law(and by implication Obamacare) and found it unconstitutional.

In any event I find the idea that the Federal Government’s own hand picked employees in black robes get to decide the limits of their own power the truly disgusting trait of a Constitutionless Oligarchy.

So in ether case I would have Virgina forces as well as the forces of every other truly patriot State arrest and Jail any Federal agent that attempt to enforce unauthorized Federal acts like Obamacare.

This is the propose of Government to protect our rights, not to enslave us to itself. It’s time our State Governments start acting like Governments, and the Federal Government, by implication, is forced to do the same.

Focus on your constitutionally authorized Jobs and keep your Hands off our natural rights!