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The Spectacle Blog
The Department of Justice has declined to ask the Eleventh Circuit for an en banc reconsideration of a three-judge panel’s decision striking down the individual mandate, clearing the way for Obamacare to reach the Supreme Court in time for a ruling before the 2012 election. SCOTUSblog’s Lyle Denniston explains that this is somewhat unexpected:
Monday was the deadline for the Administration to file for en banc review in the Eleventh Circuit case (Florida, et al., v. Sebelius), and there had been fairly wide speculation that the government would in fact seek such a reconsideration - among other reasons, perhaps, to slow down the process in hopes that the Supreme Court would not reach a final decision in the midst of a national political campaign in the early summer next year.
I would caution against getting our hopes up about the law being overturned, but I’d be delighted to be proven wrong.
View all comments (7) | Leave a comment
More Blog Posts by John Tabin
http://spectator.org/blog/2011/09/26/obamacare-likely-to-hit-suprem
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Wayne| 9.27.11 @ 6:56AM
If I were a supreme court justice and had Sotomayer, who was a big part of creating Obamacare sitting on the court making part of the decision, I would be pissed. The conflict of interest is blatant and an obvious disqualifier.
Dollface| 9.27.11 @ 7:46AM
I think you mean Kegan.
Zbigniew Mazurak| 9.27.11 @ 7:12AM
It depends on how will Anthony Kennedy vote.
Hook| 9.27.11 @ 7:22AM
I think it is clearly unconstitutional. If the federal govt can MANDATE you buy insurance, they can mandate anything like what you eat, what cars you may buy etc etc. And no you don't have to buy car insurance because you don't have to buy a car. If this were left to states to try to see what was best system, I think it would be a good idea.
I also read that only 17% of doctors are for Obamacare even though their lobby, the AMA is for it.
How will it be decided. I am quite sure the court will OK it because they only make decisions in cases like this based on politics.
George S| 9.27.11 @ 9:30AM
Try arguing that your social security taxes are unconstitutional because that money no longer goes into a dedicated fund and see if you can get out of the court house without being jailed for contempt (even though you would be 100% correct). Once a power is given to government and the people benefit from it, the Constitution is pushed aside. The hope here is for Obama to get the freebies out the door as soon as practical. Don't look to Kennedy for help once that happens.
The ONLY recourse is repeal of the law in its entirety.
Boogalie| 9.27.11 @ 12:39PM
Justice Kagan should recuse herself, no doubt, but in keeping with her ideology my bet is she won't. This is a monumental decision in my view that will be made by the Court. Notwithstanding what our (ouch!) President says, there is not precedent that will support the IM as I understand it. If this IM is upheld, where is the 'limit' in 'limited' government? This will shred what is left of our Constitution.
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