Again, I’m no lawyer, but I have heard it said many times that the 4th circuit is one of the most conservative. I hope that means strict constructionist.
I am reasonably optimistic. No way is the individual mandate consistent with the Constitution.
Yes, the 4th is more conservative than most ... it’s certainly no 9th Circ. As I understand it, when an appeal is filed, it’s sent to a randomly selected panel of 3 judges.
Judge Henry Hudson is well enough respected and his opinion well reasoned, it should carry some weight. Unless the panel of 3 are all ‘recent’ appointees (if you get my gist)
There will be 30 days from Monday for the govt to appeal; then the court will set a briefing schedule, argument, etc. The appeal will drag it out a year. They can’t raise any new arguments, and Judge Hudson acknowledged the quality of argument on both sides, so how is this anything but a delaying tactic?