Health reform lawsuit appears headed for Supreme Court
110 replies, posted
Health reform lawsuit appears headed for Supreme Court 9/26/11 6:05 PM EDT
Politico
[release]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.
Since the ruling, the Justice Department had until Monday to ask the entire 11th Circuit to review the case. Administration lawyers didn’t file the paperwork by the 5 p.m. deadline, so the ruling would stand unless the Justice Department asks the Supreme Court to step in.
The petition isn’t due until November, and the administration could get an extension.
Opponents of the law had expected the government to ask for the so-called en banc hearing to delay a ruling by the Supreme Court.
“The president and solicitor general deserve full credit for refusing to employ delaying tactics in this pressing constitutional controversy,” said Randy E. Barnett, a Georgetown Law professor who is working with the plaintiffs.
But former acting Solicitor General Walter Dellinger, who has worked on briefs in support of the legislation, said the move should be read as a sign of confidence from the administration.
“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.
The issue of the constitutionality of the individual mandate has been widely expected to be decided by the Supreme Court. The key question has been the timing. The Justice Department’s apparent decision to ask the Supreme Court to review the case greatly increases the chances the issue will be heard in the 2011-12 term, which begins Monday.
The Supreme Court now has several strong reasons to accept the case. The court rarely declines requests from the government to take a case, especially in situations in which a circuit court has struck down a piece of a high-profile law.
There is also a split between the appeals courts. The 6th Circuit Court of Appeals has upheld the mandate, the 11th Circuit has ruled it unconstitutional, and the 4th Circuit has ruled that a tax law prevents it from issuing a decision on the mandate until at least 2014.
“The odds are pretty significant the court will take the case now,” said Ron Pollack, executive director of Families USA, which has filed briefs in support of the law.
But a Supreme Court ruling in the middle of a presidential election could carry serious political risks, since a decision upholding or striking the mandate has the potential to galvanize either Republicans or Democrats.
If the court accepts the case before January, it is likely to be put on the calendar to be heard in the spring. A decision would likely be postponed until June.
The 26 states and the NFIB have said they would work quickly to file briefing papers to ensure the case can move quickly.
The Justice Department did not explain its decision, but there were strong reasons for it not to pursue the en banc hearing.
There are only five judges appointed by Democrats on the 11-judge circuit, and one them has already ruled to strike down the mandate. So far, many judges have ruled along the party lines of the president who nominated him or her. So it’s unlikely the government would have gotten a better response out of the full panel.
It’s also possible that the 11th Circuit wouldn’t have agreed to re-hear the case.[/release]
Source: [url]http://www.politico.com/news/stories/0911/64475.html#ixzz1Z7X7wYgc[/url]
Here's hoping the law goes down in flames. Mandate or no mandate.
Oh shit. Imagine what it could do to Obama's campaign if it got struck down mid-2012.
[QUOTE=Glaber;32499521]Here's hoping the law goes down in flames. Mandate or no mandate.[/QUOTE]
[I]"Legitimacy be damned, I hate Obama!"[/I]
[QUOTE=Megafanx13;32499651][I]"Legitimacy be damned, I hate Obama!"[/I][/QUOTE]
So I guess you must really like being forced to buy stuff. Regardless of weather you want it or not.
Yeah, screw the law that's saved me from the insurance companies! Fuck whoever has a pre-existing condition, right?
Love you too, Glaber.
Saved you? This law's Mandate is suppose to force you to them.
[QUOTE=Glaber;32499730]So I guess you must really like being forced to buy stuff. Regardless of weather you want it or not.[/QUOTE]
clearly it's not about being forced to buy things since you said not 5 minutes ago,
"Mandate or no mandate"
This just in: you are also forced to pay taxes?
Ohmygodmycivillibertiesmommydaddyhelp
[QUOTE=Glaber;32499730]So I guess you must really like being forced to buy stuff. Regardless of weather you want it or not.[/QUOTE]
is it seriously that bad
That is actually the only problem I have with the bill is that it forces you to buy health insurance, like car insurance. I think that if a person wants to save a few bucks and run the risk of not having health insurance, let them. Aside from that though, I'm O.K. with the other parts of the bill, and that one problem I have with it isn't enough to make me oppose it.
Let me just get out my crystal ball here:
Supreme Court votes along party lines and the law is struck down. BIG SURPRISE, I KNOW.
[QUOTE=Glaber;32499860]Saved you? This law's Mandate is suppose to force you to them.[/QUOTE]
You obviously give no shit about the mandate considering you just said "mandate or no mandate". It's just resentment towards Obama.
[QUOTE=Glaber;32499730]So I guess you must really like being forced to buy stuff. Regardless of weather you want it or not.[/QUOTE]
Yeah, my consumer wants are also based on the week's forecast
[QUOTE=Glaber;32499730]So I guess you must really like being forced to buy stuff. Regardless of weather you want it or not.[/QUOTE]
I hate being forced to pay for road maintenance, paying for healthcare for the poor and elderly, paying the salaries of soldiers that protect and aide countries around the world, paying the salaries of cops that protect me, paying for research into countless fields that I don't even understand, paying for the education of children I don't even know, paying for the examination of food and drugs for safety, paying subsidies for industries that can't readily support themselves at reasonable prices, and all the other useless shit my taxes are used for.
Oh wait, I don't. And that would include paying for healthcare for everyone (although, that does require that everyone actually [I]has[/I] healthcare).
[QUOTE=Thy Reaper;32500095]I hate being forced to pay for road maintenance, paying for healthcare for the poor and elderly, paying the salaries of soldiers that protect and aide countries around the world, paying the salaries of cops that protect me, paying for research into countless fields that I don't even understand, paying for the education of children I don't even know, paying for the examination of food and drugs for safety, paying subsidies for industries that can't readily support themselves at reasonable prices, and all the other useless shit my taxes are used for.
Oh wait, I don't. And that would include paying for healthcare for everyone (although, that does require that everyone actually [I]has[/I] healthcare).[/QUOTE]
You uh, kind of misread his point there. He's talking about the mandate to buy health insurance.
Which poor people kind of just ignore anyway.
[QUOTE=Venezuelan;32500124]You uh, kind of misread his point there. He's talking about the mandate to buy health insurance.
Which poor people kind of just ignore anyway.[/QUOTE]
Since I want a single-payer system, the mandate isn't too different, except paying the 'fine' for not having healthcare doesn't provide even basic healthcare to my knowledge, which I strongly disagree with.
In any case, he did specifically say "Mandate or no mandate."
I hope this law is struck down, and everyone else should too.
Because Americans deserve real universal healthcare, not shitty forced insurance, a bloated industry which costs ~0.40 cents out of every dollar spent on healthcare.
It's unlikely the whole bill will be struck down, just the mandate if anything. I'm fine with that.
[QUOTE=Glaber;32499730]So I guess you must really like being forced to buy stuff. Regardless of weather you want it or not.[/QUOTE]
Do you think about any of the things you say before you say them
[QUOTE=Megafanx13;32500064]You obviously give no shit about the mandate considering you just said "mandate or no mandate". It's just resentment towards Obama.[/QUOTE]
Would actually explain quite a lot about Glaber, him being a closet racist. :v:
[QUOTE=Neolk;32499940]This just in: you are also forced to pay taxes?
Ohmygodmycivillibertiesmommydaddyhelp[/QUOTE]
[quote=US constitution]Section 8 - Powers of Congress
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;[/quote]
This is why we are forced to pay taxes.
[QUOTE=Lambeth;32499953]is it seriously that bad[/QUOTE]
Yes, it is. While the intention of getting everyone healthcare is a good intention, it opens the door to future bad intentions and abuse. Perhaps to get you to see why this is bad, a simple hypothetical should do.
Think of something that the Right supports that's a product. For example, Guns. Everyone has the [url=http://www.usconstitution.net/const.html#Am2]Right to Bare Arms[/url] right? Well as you know, or would be informed of by certain news sources, the right are a bunch of gun lovers. Now say that by luck, the Right somehow got a super majority. very unlikely I know, but let's continue.
now with this super majority, they come up with some bill called, lets say "The American Self Defense Act". and in this bill was a mandate by a Right Wing President. Now because of the Mandate in the Health care Law forcing you to buy a Health insurance plan, this Right Wing President's mandate would allow them to Mandate that everyone go out and buy a gun and learn how to use it.
simply put, if the Health Care Law's mandate is struck down, the Right Wingers can't do the same thing with Guns under the guise of Personal Defense.
[QUOTE=Megafanx13;32500064]You obviously give no shit about the mandate considering you just said "mandate or no mandate". It's just resentment towards Obama.[/QUOTE]
Oh, but I do. I just give more of one about getting rid of this monstrosity. If I didn't, why would I keep arguing about it?
Seriously.
[QUOTE=rilez;32500274]Do you think about any of the things you say before you say them[/QUOTE]
Do you? Try quoting a more relevant post as the on you posted is related to the health care mandate that forces a citizen to BUY insurance or pay a fee.
[QUOTE=rilez;32500274]Do you think about any of the things you say before you say them[/QUOTE]
I don't think he even thinks at all
any sensible person would leave after being universally hated for a prolonged period of time
[QUOTE=Glaber;32499730]So I guess you must really like being forced to buy stuff. Regardless of weather you want it or not.[/QUOTE]
You have to do it with autoinsurance. Tough shit.
[QUOTE=Killer_Andre;32500330]Would actually explain quite a lot about Glaber, him being a closet racist. :v:[/QUOTE]
You do know the only reason you even think that is because we have a black president and he's a Democrat. Heck, if Hillery was President, you'd call me Sexist.
If you want your accusations to stick, you need evidence.
[QUOTE=Soviet Bread;32500427]You have to do it with autoinsurance. Tough shit.[/QUOTE]
Not the same thing, your health insurance never has to pay for someone else.
I do dislike the forcing of buying insurance, I feel like that's very much in corporate interest, because it most certainly is.
[editline]26th September 2011[/editline]
[QUOTE=Glaber;32500387]This is why we are forced to pay taxes.
Yes, it is. While the intention of getting everyone healthcare is a good intention, it opens the door to future bad intentions and abuse. Perhaps to get you to see why this is bad, a simple hypothetical should do.
Think of something that the Right supports that's a product. For example, Guns. Everyone has the [url=http://www.usconstitution.net/const.html#Am2]Right to Bare Arms[/url] right? Well as you know, or would be informed of by certain news sources, the right are a bunch of gun lovers. Now say that by luck, the Right somehow got a super majority. very unlikely I know, but let's continue.
now with this super majority, they come up with some bill called, lets say "The American Self Defense Act". and in this bill was a mandate by a Right Wing President. Now because of the Mandate in the Health care Law forcing you to buy a Health insurance plan, this Right Wing President's mandate would allow them to Mandate that everyone go out and buy a gun and learn how to use it.
simply put, if the Health Care Law's mandate is struck down, the Right Wingers can't do the same thing with Guns under the guise of Personal Defense.
Oh, but I do. I just give more of one about getting rid of this monstrosity. If I didn't, why would I keep arguing about it?
Seriously.
Do you? Try quoting a more relevant post as the on you posted is related to the health care mandate that forces a citizen to BUY insurance or pay a fee.[/QUOTE]
You think someone setting a precedent is going to stop them from doing crazy shit
[QUOTE=Glaber;32500387] Everyone has the [url=http://www.usconstitution.net/const.html#Am2]Right to Bare Arms[/url] right?[/QUOTE]
you bet your conservative ass we do
[IMG]http://www.ojomohpowerbox.com/BODYBOX%20VIDEO%20%20photo%20shoot%20(joseph)11-23%20BICEP%20FLEX-05%20tues%20.jpg[/IMG]
[QUOTE=Contag;32500191]I hope this law is struck down, and everyone else should too.
Because Americans deserve real universal healthcare, not shitty forced insurance, a bloated industry which costs ~0.40 cents out of every dollar spent on healthcare.[/QUOTE]
Absolutely. America needs a single-payer system for two reasons:
- Heathcare should be a human right
- With a single-payer system everyone is automatically on public insurance so there is no "mandate"
[QUOTE=Venezuelan;32500458]Not the same thing, your health insurance never has to pay for someone else.[/QUOTE]
Who do you think pays for emergency medical treatment for the uninsured?
[QUOTE=Glaber;32499730]So I guess you must really like being forced to buy stuff. Regardless of weather you want it or not.[/QUOTE]
Glaber you are such a typical Republican it's like you're trying your best to hurt your own image.
You're "Forced" to pay taxes as well, are you all up in arms about that?
Oh wait, when the rich have to pay taxes you are.
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