 |
Posted on 04/14/2011 3:39:00 PM PDT by prairiebreeze
When the U.S. Supreme Court is in session, each Wednesday and Friday afternoon is set aside for an esoteric conclave known as the Justices' Conference. During these private meetings, the justices discuss cases they have recently heard or might decide to hear. The first order of business usually involves the latter, requests from various litigants for the high court to review cases that have been adjudicated by lower courts. Typically, these cases have already been through the appellate process, but occasionally the justices receive a "petition for certiorari before judgment" asking them to consider the decision of some District Court before it has been reviewed by a Court of Appeals. Friday's conference schedule includes consideration of one such petition, filed pursuant to Commonwealth of Virginia v. Sebelius.
The Virginia case was, of course, the first legal challenge to the Patient Protection and Affordable Care Act (PPACA) in which the Department of Justice (DOJ) received a major defeat. Last December, U.S. District Court Judge Henry Hudson ruled that Congress had exceeded its constitutional limits by including a requirement that all Americans buy health insurance in the health care "reform" law. Shortly following this ruling, the Obama DOJ filed an appeal in the U.S. District Court of Appeals for the Fourth Circuit, but Virginia Attorney
(Excerpt) Read more at spectator.org ...
|
|
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.