Posted on 09/27/2011 7:05:32 PM PDT by SeekAndFind
It’s now likely the U.S. (J. Scott Applewhite - AP) Supreme Court will rule on the nation’s health reform law by June 2012.
The Justice Department said Monday night it would not ask a federal appeals court in Atlanta to review its ruling against the Affordable Care Act last month. That decision, from a three-judge panel of the 11th Circuit Court of Appeals, found the mandated purchase of insurance to be unconstitutional.
If the Obama administration had asked the lower court to re-hear the case, with all 11 judges weighing in, the extra steps could have delayed a Supreme Court decision until 2013. Now, a Supreme Court case looks very likely to come by next summer, right in the thick of the 2012 presidential election.
The conventional wisdom has always been that, for the White House, a longer timeline on health reform’s legal challenges is better: it gives the law more time to be implemented and benefits to kick in. So why did it choose the faster route to the Supreme Court this time? There are at least three reasons that could make a 2012 Supreme Court decision a more compelling one for the White House:
1) The Obama administration will definitely handle the case. Delaying a ruling until 2013 came with a big risk: a Republican administration could be in power, and arguing the case. It’s pretty hard to see a President Rick Perry or Mitt Romney asking his attorney general to defend the health reform law given that both have pledged to overturn the legislation. “That hypothetical Republican administration could have decided to do what the Obama Justice Department did with the Defense of Marriage Act — offer no defense of the law at all,” my colleague Stephen Stromberg wrote in an excellent post making this point.
(Excerpt) Read more at washingtonpost.com ...
Obama and his minions seem to think it would be great if they further pissed off the electorate by getting Kennedy to somehow cast a deciding vote in favor of ZeroCare!?!?
What are they smoking? Such a ruling would add at least 5% to the number of voters who will crawl across broken glass to cast the whole lot out on their asses.
Just heard on WABC that the court is not going to take it up
They upheld Campaign Finance Reform the first time didn’t they?
SCOTUS is not reliable for us folks.
“... 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,” former acting solicitor general Walter Dellinger told Politico.”
Why are they confident? Are they blackmailing SCOTUS?
4) The full eleventh circuit would smack it down again with even more reasons.
The biggest reason of all for the Obummer to do this is that if the SC rules ObamaCare unconstitutional, that issue will be out of the way for the election. Of course, then he’ll have NO accomplishments, but at least the Republicans can’t bludgeon him with ObamaCare.
Asking for review of the 11th Circuit decision would have been widely interpreted as foot-dragging, the administration attempting to slow a case that’s almost inevitably headed to the Supreme Court. For the White House to proactively pursue a faster timeline makes the administration look more confident that it will prevail in court. “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,” former acting solicitor general Walter Dellinger told Politico.(emph. added)
This last reason is either absurd political wishful thinking, OR
the White House knows something about Justice (dimwit) Kennedy's opinion on the matter that we don't know.
If you dig deep into the comments, you find a little nugget about oboycare that might put a bite on paychecks prior the election that the regime might want to avoid, even up to and including the scuttling of their flagship cause
He thinks he will win.
From the article:
“There are at least three reasons that could make a 2012 Supreme Court decision a more compelling one for the White House:”
“The Obama administration will definitely handle the case. Delaying a ruling until 2013 came with a big risk: a Republican administration could be in power, and arguing the case...”
“The review might not have been granted— or gone against the administration. Even if the United States had asked the 11th Circuit Court of Appeals to hear the case, the court didn’t have to accept...”
“The move shows confidence. Asking for review of the 11th Circuit decision would have been widely interpreted as foot-dragging, the administration attempting to slow a case that’s almost inevitably headed to the Supreme Court...”
Nah, he knows keeping this at the 11th is a lost cause. The Supremes will kill it based on the same decision. He needs this to go away. The SCOTUS is not bound by any rule to hear this case. The may let the 11th stand.
Chief Justice Roberst has an axe to grind over the State of the Union speech. Since the 11th has already ruled against it. Roberst can just ignore obozo andnot take it up. If on the other hand he was 100% dertain of Kennedy’s vote then he would take it up jsut to slap obozo.
I didn’t want to come right out and say that but Obama smacked on the court when he was popular and Justice Roberts didn’t care for it. All he has to do is pass.
RE: Just heard on WABC that the court is not going to take it up
So, what would be the final state of Obamacare if the SCOTUS refuses to take it up?
They want to do the class warfare and the racial warfare thing during the election.
Obama will say he is “rooting for the middle class” and paint Republicans as being for “millionaires and billionaires”.
He is such a LIAR. Again!
RE: Justice Roberts didn’t care for it. All he has to do is pass.
So, what would be the final state of Obamacare if the SCOTUS refuses to take it up?
Unconstitutional, all of it.
” but at least the Republicans can’t bludgeon him with ObamaCare.”
Even if SCOTUS Scuttled the whole act, the Republicans could still bludgeon him with it. This Squid has its tentacles reaching deeper and deeper into our Misery Index every day. The O’Care State Insurance Exchanges are squeezing private insurers out of business right now.
http://www.michigancapitolconfidential.com/15624
The Repubs SHOULD be screaming far Louder than they are, but they won’t today, and they won’t tomorrow even with a Scotus victory, because they’re scared of the MSM catcalls.
I was hoping someone smart could answer that. I assume the last highest court that has ruled on it would be what stands
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