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The Spectacle Blog
While conservatives are celebrating today’s ruling against ObamaCare’s individual mandate, should the Obama administration appeal today’s decision to the Fourth Circuit, as widely assumed, it will face a much more favorable venue thanks to recent appointments by President Obama that have tilted the balance of the once-conservative court.
During the Bush era, the Fourth Circuit developed a reputation as the most conservative in the nation, in large part because it sided with the administration on a number of key national security decisions, particularly involving terorist detainees.
But the balance has shifted dramatically since then, and currently Democratic appointees outnumber Republicans by an 8-to-5 margin, with two vacancies remaining.
At the start of the Obama administration, Republicans had the slight edge over Democrats, 6-to-5. In July of last year, chief judge and Republican appointee Karen Williams had to step down due to early onset of Alzheimer’s. Since then, Obama has been able to get three of his nominees to the court confirmed — Judges Andre Davis, Barbara Keenan and James Wynn.
The appeals court is already on track to hear an appeal of another anti-ObamaCare lawsuit, brought by Liberty University, which was dismissed by a Clinton appointee, Judge Norman Moon, earlier this month.
No matter what happens with either case at the appeals court level, however, the issue will likely have to be resolved by the U.S. Supreme Court.
View all comments (8) | Leave a comment
More Blog Posts by Philip Klein
http://spectator.org/blog/2010/12/13/anti-obamacare-lawsuit-could-a
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Eric Cartman| 12.13.10 @ 3:05PM
There is already enough reason to fast-track it to SCOTUS. Federal level courts have given conflicting rulings and a majority of states are involved. Let's get it there before it's too late.
Oldefarte| 12.13.10 @ 3:07PM
As previously stated, I do not hold much hope for an eventual favorable outcome from these legal processes [since same is composed almost entirely of LAWYERS, most of which devoutly worship at the altar of Obama and the Democratic Party(since same provides legislation favorable to the wallets of attorneys)]. I'm more encouraged by the prospects [after 11/2/10] of completing the electorial purge of Democrats in the 2012 elections [including El Chosen One] and thereafter beginning the legislative process to fully REPEAL WELFARECARE!!!!!!!!!!!!!!
Al Adab| 12.13.10 @ 3:40PM
Think that Sotomayor appointment matters now? The only final answer for this nullification dilemma is Repeal.
NJK| 12.13.10 @ 5:48PM
So in simple terms this court doesn't honor the oath they took. It is a rogue court, just like the rogue law, and rogue impostor president.
keyboard jockey | 12.13.10 @ 6:02PM
The 4th Circuit is the most conservative court in our country it's not going to over turn Hudson.
It's gonna come down to Kennedy, who believes he's going to apply pretzel logic to this Constitutional Power Grab?
ConLawyer| 12.13.10 @ 7:41PM
If Congress can force me to buy insurance, why can't it force me to buy milk, to support needy farmers? Why can't it force me to buy clothes from "diverse" manufacturers, to remedy the discrimination my forefathers in the Soviet Union committed against Blacks in America 140 years ago?
Dale Cord| 12.14.10 @ 11:25AM
You people have already lost, you have allowed these "LAWBREAKERS" to continue to lead you around by the nose,and now your genitals,you need to find the land of OZ in your fantasy world, and ask for courage for you are just like the cowardly lion.Why Dorthy had more courage than you cry baby whiny-butts.You have abdicated your right to be called an American! Now those 9 vermin who sit in their Black Robes will determine your fate once again. Black is such a fitting color for them,for it also represents the Grim Reaper.Gloom and Doom and the only future for stumbling cowardly bumpkins intoxicated with themselves. Those who made America great have gone down into their graves fighting for her Freedoms, Reputation and Survival. All that is left is a bunch of baby's feeding off of their bottles, being held by a bunch of vermin they call their government. This nation would survive if we could trade in these yellow bellies that call themselves Americans, for a troop of Girl Scouts.
Dale Cord| 12.28.10 @ 1:12PM
2011 a year that will live in Infamy. Future school history books will read: The year the Muslims conquered the United States of America. With not so much as a whimper from its cowardly military leaders, and name calling armchair patriots. Disgraceful,Shameful there are no words to adequately describe her defeat. As the 300 Spartans strength and ingenuity conquered all of those who challenged them, so a small band of renegades conquered the greatest country the world has known. When Davids rock slued Goliath. It also foretold a warning. "The bigger they are,the harder they Fall." Our country lost its battle of survival when it became intoxicated with its deceptive mentality, that it did not need its Creator anymore, and wisdom no longer was apart of its citizens physiology to survive