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The Original Jurisdiction of the USSC - Healthcare
Research | 03/26/2010 | Mariner

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"

http://law.onecle.com/constitution/article-3/32-original-jurisdiction.html

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.


TOPICS: Constitution/Conservatism; Extended News; Government; News/Current Events
KEYWORDS: healthcare; obamacare; ussc
Thought and comments? Am I wrong?
1 posted on 03/26/2010 9:18:43 PM PDT by Mariner
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To: Mariner; Jim Robinson; kristinn
Jim and Kristinn

You want to read this for real Hope and Change.

2 posted on 03/26/2010 9:23:47 PM PDT by Mariner
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To: Mariner
BTTT
3 posted on 03/26/2010 9:27:23 PM PDT by Fiddlstix (Warning! This Is A Subliminal Tagline! Read it at your own risk!(Presented by TagLines R US))
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To: Fiddlstix

This is a big deal piece of information for those who are fretting. I wish I was a better poster.


4 posted on 03/26/2010 9:28:16 PM PDT by Mariner
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To: Mariner

Give us a one sentence summary? If it’s possible.


5 posted on 03/26/2010 9:29:26 PM PDT by goodnesswins (My life. My fortune. My sacred honor. My family will not grow up in a communist country.)
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To: Mariner

If a state is a party then the Supreme Court can hear the case. There does not need to be an appeal.


6 posted on 03/26/2010 9:29:56 PM PDT by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
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To: goodnesswins
The USSC doesn't have to wait for Federal District or Appeals Court cases to be appealed to hear the Obamacare suits.

They can take them direct, tomorrow, whenever they choose.

7 posted on 03/26/2010 9:31:16 PM PDT by Mariner
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To: P-Marlowe
Agreed.

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.

8 posted on 03/26/2010 9:35:44 PM PDT by Mariner
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To: Mariner

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.


9 posted on 03/26/2010 9:36:34 PM PDT by Mariner
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To: Mariner
Agreed. 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.

You really wonder?

10 posted on 03/26/2010 9:39:22 PM PDT by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
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To: P-Marlowe
"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.

11 posted on 03/26/2010 9:41:14 PM PDT by Mariner
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To: Mariner

Thanks....MAYBE...maybe....the USSC IS planning it’s strategy as we speak!


12 posted on 03/26/2010 9:59:02 PM PDT by goodnesswins (My life. My fortune. My sacred honor. My family will not grow up in a communist country.)
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To: Mariner

BTTT


13 posted on 03/26/2010 10:33:07 PM PDT by Mariner
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To: Mariner

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.


14 posted on 03/27/2010 12:06:42 AM PDT by Frantzie (McCain=Obama's friend. McCain called AMERICANS against amnesty - "racists")
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To: P-Marlowe

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.


15 posted on 03/27/2010 12:23:01 AM PDT by Abundy
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To: Abundy

oh, should also mention that by filing in a lower court the plantiff’s can conduct discovery


16 posted on 03/27/2010 12:25:47 AM PDT by Abundy
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To: Frantzie

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.


17 posted on 03/27/2010 12:46:27 AM PDT by CutePuppy (If you don't ask the right questions you may not get the right answers)
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To: Mariner

Thanks for the info!!!!!


18 posted on 03/27/2010 7:52:58 AM PDT by phockthis
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