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To: traderrob6
"Are you insane?"

Yes, I'm pretty sure I'm not insane. I do however, have at least a rudimentary understanding about how the Court works, to include why and when it elects to hear cases before judgement in a lower appellate court is entered.

As I said, this is a facial challenge to a statute that is based centrally on a provision of the statute that won't be enforceable for another two years. That's why there - from a legal standpoint - is no immediate (which is part of the requisite standard) harm in not hearing the case in an expedited manner.

9 posted on 04/14/2011 4:33:30 PM PDT by OldDeckHand
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To: OldDeckHand

“I do however, have at least a rudimentary understanding about how the Court works...

No, I dont’ think you do.

“won’t be enforceable for another two years.”

Whether or not it’s “enforceable” or not for 2 years is irrelevant. The fact that immediate action is required lest serious and likely irreperable HARM (finacial and otherwise) could and likely would occur if expediated judgment is not considered most certainly is.


16 posted on 04/14/2011 5:21:19 PM PDT by traderrob6
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To: OldDeckHand
As I said, this is a facial challenge to a statute that is based centrally on a provision of the statute that won't be enforceable for another two years.

Obama has threatened to take action against those states that haven't yet begun to implement Abominablecare. The costs and harm don't start in two years--they are immediate.

34 posted on 04/15/2011 5:06:20 AM PDT by supercat (Barry Soetoro == Bravo Sierra)
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To: OldDeckHand
As I said, this is a facial challenge to a statute that is based centrally on a provision of the statute that won't be enforceable for another two years. That's why there - from a legal standpoint - is no immediate (which is part of the requisite standard) harm in not hearing the case in an expedited manner.

Yeah, because in two years, and not incrementally and partially and sequentially building until then, everyone will suddenly have to come up with a buck twenty five, and so for all intents and purposes, the timing of the enfoceability of the statute begins at that future point, to a degree which has trivial economic impact to the threshold of considering prior court action.

No?

What, you say that it's not a buck twenty five, but trillions of dollars and a sixth of the economy and a hundred thousand medically-related businesses and tens of millions of people having to incrementally and partially and sequentially prepare for the next two years to meet the statute's requirements, at tremendous cost and expense of time and money, significantly effecting almost every aspect of their lives?

Oh.

Well then, that might, just might, maybe, constitute an immediate harm, since consdieration of immediate harm is, in fact, part of how the Court works. But hey, internet experts everywhere highly doubt this will meet certain standards of urgency that the general population, naive as they always are, simply don't understand.

Standards, like, uh, overfreekingwhelming SCALE of impact, for example. A trillion dollars here, fifty million people there, and all of a sudden everyone is whining.

: Sigh: Nobody understands law anymore.

59 posted on 04/15/2011 4:20:57 PM PDT by Talisker (When you find a turtle on top of a fence post, you can be damn sure it didn't get there on its own.)
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