Posted on 09/08/2011 9:32:23 AM PDT by jazusamo
A federal appeals court today dismissed one of the highest-profile challenges to President Obama's healthcare reform law.
The 4th Circuit Court of Appeals said Virginia Attorney General Ken Cuccinelli does not have a legal right to sue over the law's requirement that most people buy insurance. The court vacated a lower court's ruling in the case and instructed the lower court to dismiss the suit.
The Supreme Court is almost certain to have the final say on whether the coverage mandate is constitutional. Most legal observers expect the court to hear arguments during the term that begins in October and rule in the summer of 2012.
The 4th Circuit’s long-awaited decision isn’t a huge surprise: People who attended oral arguments in the suits said the judges seemed skeptical of the mandate’s critics, especially Cuccinelli. All three of the judges who heard the case were appointed by Democratic presidents, and two were appointed by Obama.
The mandate has a mixed record in federal appeals courts. The 6th Circuit upheld the requirement in a June decision. The 11th Circuit — which heard the high-profile challenge filed by 26 state attorneys general — ruled that the mandate is unconstitutional.
Unlike those 26 states, Cuccinelli sued on the grounds that enforcing the mandate would violate Virginia law. As Congress moved closer to passing healthcare reform, Virginia enacted a law that says state residents can’t be forced to purchase insurance.
But the 4th Circuit panel said Virginia does not have standing to sue over the mandate because it lacks a "personal stake" in the issue.
The judges seemed concerned during oral arguments that allowing his suit to proceed would essentially allow the states to exempt themselves from whatever federal laws they might choose.
“All three of the judges who heard the case were appointed by Democratic presidents, and two were appointed by Obama.”
TWO WERE APPOINTED BY OBAMA.
[facepalm]
Allow me to refresh their collective memories from law school: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
“TWO WERE APPOINTED BY OBAMA.”
This has to go all the way to the SC. There’s no other way.
Wake me up when an actual shooting war begins. Until then ho hum ho hum
Until it's not.
Don’t look, now: They’re killing the Bill of Rights.
Amen!
It looks like the judiciary has found the best ‘out’ they can use almost anytime...and avoid answering the question posed. Simply declare that the complainant has no standing to bring the action...VOILA! Case gone. Decision not required.
The judicial equivalent of voting ‘present’???
No standing? Virginia doesn’t have a “personal stake?”
Folks, Obama must be defeated in 2012 because we cannot depend on the judicial branch to follow the Constitution.
Court Jesters for The Messiah.....how could we think there would be a Ruling based on Constitutional plain language?
Makes no difference; the Judges are appointed FOR LIFE, and removal of the King will not remove those Judges. Progressives simply take their case to the Courts when they don't like the rules, and the Judge rules in their favor.....you can't stop it with votes.
Yes it does matter. Obamacare must be repealed. We need a Republican in the WH and control of the Senate.
Well the Republicans couldn't be bothered to fight any of Obama's Federal or Supreme Court picks. They just let the Dems to what they want and now the battle is damn near impossible. The Communists have people in place in every aspect of government from the local city/county government, the schools, the judicial system, the media, local and state police forces and now they are working hard to take over the military. And succeeding I might add.
What do we expect? A few old geezers sitting behind keyboards in the comfort of their homes is gonna change things? We saw a perfect example today in Washington state of how things get done. Problem is it was the Communists once again who took the initiative. This is only the beginning with the judges and all levers of "justice" on their side they are going to up the ante knowing full well nothing will happen to them. While we remain behind our computers and the Republicans remain asleep at the switch, or are complicit, we will see a lot more blood in the streets this election cycle.
Good and gracious God, please speak to Justice Kennedy about all this. The man is going to make this a cliffhanger.
Can this ruling be appealed? It seems that this liberal court is trying to prevent the case from reaching the USSC.
I’m not aware if this specific decision can be appealed but it’s a procedural ruling and supposedly will not bolster the supporters of the Obamacare case.
Obamacare will go before SCOTUS in the next session.
>Can this ruling be appealed? It seems that this liberal court is trying to prevent the case from reaching the USSC.<
Ken Cuccinelli was speaking at a luncheon in southwest Virginia when the ruling came down. He reassured the audience that in actuality this ruling freed him up to now take the appeal straight to the Supreme Court. He hadn’t read the ruling, of course, but he did not seem worried in the least. He told the audience that his office would file the appeal shortly.
Thanks much! Good info and it hasn’t been included in the articles I’ve read so far.
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