Posted on 03/25/2011 8:18:19 AM PDT by Libloather
Supreme Court will take up Virginia's health-care petition April 15
By Jim Nolan
Published: March 25, 2011
On April 15, the U.S. Supreme Court will discuss Virginia's petition to have its lawsuit against the federal health-care law bypass appellate court review and be heard directly by the high court.
The Supreme Court put the matter on its calendar. There is no timetable for the court to decide on Virginia's petition, however.
The case, Commonwealth of Virginia v. Kathleen Sebelius, President Barack Obama's secretary of health and human resources, currently is scheduled to be heard May 10 in the 4th U.S. Circuit Court of Appeals.
**SNIP**
Cuccinelli's suit claims the individual mandate provision of the Patient Protection and Affordable Care Act is unconstitutional. The act would require nearly every American to purchase health insurance by 2014 or face a penalty.
Justice Department lawyers maintain that Congress acted within its authority under the Commerce Clause to pass the law and the mandate. And they have opposed having the case directly heard by the U.S. Supreme Court, arguing that the issue would benefit from appellate review.
(Excerpt) Read more at 2.timesdispatch.com ...
Somehow, some way, the Obamaites will get to the Supremes and they’ll take a pass issuing a ruling that all cases need to go through the various appellate processes. Bank on it.
But this one is special and it will tell us whether the Supremes are interested in expediting the Obamacare review or not. If they turn this one down then they are very unlikely to accept any of the others and so the Administration will have won the tactical battle by delaying a Supreme Court review of Obamacare. Their goal is to move it past November 2012. A trashing of Obamacare in the Supreme Court would not be helpful in The One's re-election campaign.
This is going to be interesting.
Are you going to keep track of the Obamacare lawsuits? If you have a ping list, please add me. If you don’t, will you consider starting one for articles on the progess of these lawsuits?
Are we taking bets that we’ll hear “Virginia has no standing...”?
SCOTUS Smackdown of the Boy President.
sfl
If their goal is to keep the law, that seems a little shortsighted, because the next president's justice department could simply elect not to defend Obamacare, a la Obama's move with DOMA. Particularly if the Rs are still in control of Congress, that would be bad for Obamacare.
I agree they want it delayed, because the long the ruling is delayed, the more it is implemented and the more difficult it is to undo. But there's a balance to strike, because the next President can throw a wrench into the works.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.