Skip to comments.The Original Jurisdiction of the USSC - Healthcare
Posted on 03/26/2010 9:18:43 PM PDT by Mariner
* Section 2.
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;--between a State and Citizens of another State;--between Citizens of different States;--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
The US Constitution indicates the USSC has ORIGINAL JURISDICTION over cases in which a State is a party...presumably with the Federal Government being the other party.
This would negate the need to go through the entire appellate process for the cases filed by 14 States, so far, against Obamacare.
Here's another url that explains this concept and cites instances in which it's been used for cases "depending on the seriousness and dignity of the claim"
So, it's quite possible that the USSC could reach out and SNATCH the Obamacare suits and have them decided before the November elections. It took them only 4 DAYS to decide Bush v Gore in 2000 and they were the ONLY Federal Court to hear the case.
You want to read this for real Hope and Change.
This is a big deal piece of information for those who are fretting. I wish I was a better poster.
Give us a one sentence summary? If it’s possible.
If a state is a party then the Supreme Court can hear the case. There does not need to be an appeal.
They can take them direct, tomorrow, whenever they choose.
And, one has to wonder why we don't see that mentioned in ANY legal analysis in any of the media, so far...either from the left or the right.
So, it’s quite possible that the USSC could reach out and SNATCH the Obamacare suits and have them decided before the November elections. It took them only 4 DAYS to decide Bush v Gore in 2000 and they were the ONLY Federal Court to hear the case.
You really wonder?
Yes, not even from Heritage...or mention of it ANYWHERE on FR until now.
It's an important doctrine with potentially enormous political implications.
Thanks....MAYBE...maybe....the USSC IS planning it’s strategy as we speak!
Any idea why VA AG Cuccinelli is going through Richmond District Court and FL AG McCollum through Pensacola?
I know Richmond has the rocket docket and Pensaola is conservative and also pretty fast.
They still have to go through the COurt of Appeals before they get to SCOTUS. I wonder why they are going that way. I wonder if it can get expedited review.
While the case could be filed in USSC directly, a tactical consideration would be that a Federal Circuit Court could issue an injunction while the case is being heard.
oh, should also mention that by filing in a lower court the plantiff’s can conduct discovery
The lower court can “freeze” the implementation / legality of the legislation while it is awaiting decision on its constitutionality and/or appeal to USSC.
That’s what Democrats often do with legislations or propositions passed by voters - challenge them in “friendly” courts which stop them in their tracks for a while.
Thanks for the info!!!!!