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To: Matchett-PI; P-Marlowe; blue-duncan; Kolokotronis; Forest Keeper; wmfights

Does it matter which case gets fast-tracked to the Scotus? Is the Florida judge’s opinion a better than that of Virginia?

After all, it was the Florida opinion that declared all of Obamacare unconstitutional since there was no severability clause. The Virginia judge declared only the requirement to buy health insurance unconstitutional.

Will Scotus combine them all, or will Scotus hear one to the exclusion of others?


17 posted on 02/03/2011 7:42:38 AM PST by xzins (Retired Army Chaplain & proud of it: Truly Supporting the Troops means praying for their Victory!)
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To: xzins
Does it matter which case gets fast-tracked to the Scotus? Is the Florida judge’s opinion a better than that of Virginia?

IMO, "no" to both. Due in part to the lack of a severalbility clause if it is declared unconstitutional for any state for any reason the whole thing goes down in flames.

The Virginia judge declared only the requirement to buy health insurance unconstitutional.

The problem for the libs though, and they have admitted this, is that this clause is the main thing that funds the whole program. Without forcing people to buy, there will never be enough willing participants to run it. It will collapse before it ever gets going.

Will Scotus combine them all, or will Scotus hear one to the exclusion of others?

They can do whatever they want, but my guess is that they won't combine them because the actual points of both cases are very different. However, if they rule that one is unconstitutional (and I think they will) they might refuse to rule on the other because the issue is mooted. The law would already be dead.

151 posted on 02/04/2011 10:26:22 PM PST by Forest Keeper ((It is a joy to me to know that God had my number, before He created numbers.))
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