Health reform lawsuit appears headed for Supreme Court

The Politico ^ | 09-26-11 | JENNIFER HABERKORN

[Lazlo in PA]

The Obama administration chose not to ask the 11th Circuit Court of Appeals to re-hear a pivotal health reform case Monday, signaling that it’s going to ask the Supreme Court to decide whether President Barack Obama’s health reform law is constitutional.

The move puts the Supreme Court in the difficult position of having to decide whether to take the highly politically charged case in the middle of the presidential election.

The Justice Department is expected to ask the court to overturn an August decision by a panel of three judges in the 11th Circuit Court of Appeals that found the law’s requirement to buy insurance is unconstitutional. The suit was brought by 26 states, the National Federation of Independent Business, and several individuals.

[Bibman]

How much you want to bet the Marymacha (Kagin)
will not recluse herself?

[Lazlo in PA]

The move puts the Supreme Court in the difficult position of having to decide whether to take the highly politically charged case in the middle of the presidential election.

After reflecting on this line a bit, it really bothers me. Why in the world should the SC care about elections? This should be strictly about the law and the Constitutionality of it. What a bunch of BS.

[wmfights]

“This confirms what I had already concluded: That the government is confident that it’s going to prevail in the Supreme Court and would like to have a decision sooner rather than later,” Dellinger told POLITICO.

Or it could be that once the rest of the law was severed from the personal mandate they figure they are in a no lose situation. If the personal mandate is ruled unconstitutional then the rest of the law will bankrupt health insurers and the govt will run health care. If the mandate is upheld it will just take a little longer to bankrupt the insurers.

[WackySam]

What if they decide to not hear the case? Wouldn’t Bambi-care be DOA?

[Carbonsteel]

"If the personal mandate is ruled unconstitutional then the rest of the law will bankrupt health insurers and the govt will run health care.".

Precisely, and that will open the door for the single payer system Obama touted from the beginning.

[Huck]

It’ll all come down to Justice Anthony Kennedy. Hell of a system of government we’ve got.

[Michael.SF.]

Why in the world should the SC care about elections?

Maybe we should ask President Gore that question.

;)

[Bibman]

What do you think would happen if the American people refuse to get it?
Could we call it “Obamacare Spring”?

[wmfights]

What do you think would happen if the American people refuse to get it?

It will accelerate the demise of the insurers. If you don't get health insurance you will be subject to a fine which is about half of what the actual insurance would cost. However, if you get sick insurers can not deny coverage, so if you buy a policy in the emergency room the insurer will have to pay the entire bill.

It's not hard to see what a lot of people will do.

[PubliusMM]

Bingo! I had the same reaction when I read that line. Why in the world would SCOTUS be concerned about the pending election?
There’s no mapping the progressives’ mental madness...

[Happy Rain]

The personal mandate cannot be separated from the rest of the bill—when Obamacare was “deemed” passed during reconciliation they had to leave out the severability clause as that would have required a return to the mark-up process and “ahem” more floor votes and as you know,the new RINO from MA had just arrived.
So if the mandate is ruled unconstitutional,the whole thing collapses UNLESS the SCOTUS violates the constitution ITSELF and allows the mandate to be seperated from the rest of the law—but that would be blatant legislating from the bench.

[Mariner]

I think the Obama crew would rather have the USSC rule against the personal mandate than to be faced with charges late in the election season that they are dragging this out.

I think they know they are going to lose and want to get it over with.

[Slambat]

I think Kagan will be recused from the case so look
for them to try to recuse Thomas for his what his wife
is doing.

[wmfights]

So if the mandate is ruled unconstitutional,the whole thing collapses UNLESS the SCOTUS violates the constitution ITSELF and allows the mandate to be seperated from the rest of the law—but that would be blatant legislating from the bench.

The first judge ruled the entire law unconstitutional, but the 3 judge panel severed the rest of the law from the personal mandate. If the SCOTUS only rules on the personal mandate we may have a big problem.

I pinged a couple lawyers I rely on.

[traditional1]

I would HOPE that Roberts tells Kagan to take a hike for the absolute conflict of interests (Sotomayer and Kagan were planted PRECISELY to further Constitution destruction).

[balls]

“It’ll all come down to Justice Anthony Kennedy. Hell of a system of government we’ve got.”

And 0 decides when the case should go to the SOTUS and times it for when HE is ready.

Our Constitution is worth nothing when we have a facsist government.

[sportutegrl]

Obama’s is playing three level chess here.* He knows the SC will overturn Obamacare, thus removing it as a campaign issue in time for his reelection. (He will lose anyway.)

[Clump]

SCOTUS really needs to hammer this thing. They have a good chance to smack Obozo around here, and really reaffirm concepts of federalism and a limited federal government. If Kennedy thinks the mandate gives Congress unprecedented powers (which it does), I could see them striking down the whole thing.
What worries me is the Roberts approach of judicial modesty.
If it's Unconstitutional then kill it!
I don't want him being modest here any more than I want my Dr. being modest when removing a tumor.