Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: PJ-Comix
BTW, WHEN does this case finally reach the Supreme Court?

My question is, why does obamacare continue onward, while there is a fed court ruling to the contrary? That should have stopped it in its tracks while awaiting a higher court decision.

The obama admin thinks its above the law, heads should roll over this or we are no longer a "nation of laws".

14 posted on 03/28/2011 9:08:59 AM PDT by Graybeard58 (Of course Obama loves his country. The thing is, Sarah loves mine.)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: Graybeard58
My question is, why does obamacare continue onward, while there is a fed court ruling to the contrary?

You are spot on with your rhetorical question. However, some parts of ObamaCare that are intended to reshape the exchange of information, reimbursement and physician behavior are tucked away in the American Recovery Act, not the Affordable Care Act.

15 posted on 03/28/2011 9:33:49 AM PDT by buckalfa (Confused and Bewildered With a Glass Half Empty)
[ Post Reply | Private Reply | To 14 | View Replies ]

To: Graybeard58
"My question is, why does obamacare continue onward, while there is a fed court ruling to the contrary?"

For the same reason that DOMA is still the law of the land even though a district federal court in MA said last fall that DOMA (ironically) also violated the 10th Amendment; Because there are competing district court decisions.

This isn't at all unusual. When there are facial challenges to existing legislation, there can be conflicting district court and circuit court decisions. Frequently, those decisions are stayed until the case is finally resolved on appeal, which can normally takes years.

Just last week, the 11th Circuit agreed to fast-track this appeal, which I believe will be heard next month. At least until then, the lower court ruling will be stayed.

17 posted on 03/28/2011 10:16:08 AM PDT by OldDeckHand
[ Post Reply | Private Reply | To 14 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson