Posted on 02/09/2011 4:16:22 PM PST by mdittmar
From NBC's Pete Williams
What's the point, asks Virginia's attorney general, of letting the federal appeals courts chew over the constitutionality of the health care law when only the U.S. Supreme Court can decide whether it's willing to expand the powers of Congress?
That's the question at the heart of an unusual request filed Wednesday by Virginia, asking the Supreme Court to bypass the appeals courts and take up a review of the health care law as soon as possible. The Supreme Court grants such requests exceedingly rarely, and one justice signaled just last week that she would resist such a move.
The Justice Department has already indicated it will oppose this request.
Ken Cuccinelli (R), Virginia's attorney general, argues that this is the kind of case the justices should take up, because conflicting district-court decisions about the constitutionality of the health-care law have left states and businesses unsure about which requirements, if any, will survive the legal battle.
"States, citizens, and the economy remain mired in uncertainty," he says in his court filing. "Citizens and businesses are widely believed to be reducing spending and delaying hiring in response to the overhand of uncertainty."
Allowing lawsuits filed by Virginia and other states to take their normal course through the appeals courts "will not further focus the controlling issues," Cuccinelli writes. "It is not clear to what extent the courts of appeal are even entitled to engage in independent legal development in the face of binding precedent" from the Supreme Court.
(Excerpt) Read more at firstread.msnbc.msn.com ...
Would those idiot lawyers playing judges rather see a CIVIL WAR to restore our Republic OR would the like to get off their a$#$# and do their job?
The right answer is pretty obvious and WE THE PEOPLE ARE WATCHING
We could use another good killing..
Hell of a thing to say aint it?
Taking over the entire health care system was kind of an “unusual step.”
“Change” results in lots of “unusual steps.”
lol.
Personally I have more trust & faith in a civil war to restore our Republic, rather than a swing 5-4 court that is anyone's guess as to how this would be ruled on. Our judicial branch is largely a piece of socialist, left-wing, hate-America crapola that has destroyed much of our country with their legislative activist rulings.
What is it with these states that they feel it is necessary to ask permission from any branch of the federal government to reassert their 10th Amendment rights when it is all three branches who are usurping those rights? The states and the people are the most powerful branch of government. All they need to do is reassert their 10th Amendment rights by telling the federal government they will not comply with Unconstitutional Obamacare or any other Unconstitutional act of Congress!
That’s because the 10th amendment is meaningless.
“The Justice Department has already indicated it will oppose this request.”
Shouldn’t the Justice Department recuse itself from any involvement?
1. First, the JD itself is lawless, having demonstrated repeatedly its inability to even-handedly enforce the law;
2. Second, the administration it is representing is lawless, having demonstrated repeatedly its willingness to ignore judicial rulings in favor of implementing unconstitutional executive orders and statutes.
The Congress still passes whatever laws it pleases. And if a state or person sues, it's still up to the federal judiciary to decide if it is a fed power or not. The 10th adds absolutely nothing to the debate at all.
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