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Posted on 04/18/2011 4:01:59 PM PDT by OldDeckHand
The Supreme Court on Monday took no action on Virginia’s request that it immediately review the nation’s health-care overhaul law.
(Excerpt) Read more at washingtonpost.com ...
Whenever you want an update on the docket of a pending case, you can use that search tool.
That's like calling 911 and being put on hold.
Yep, a “conservative” who endorsed Obama in ‘08 ... if that’s anyone’s idea of a conservative. A lot of people are still riding the “I worked in the Reagan Administration” meme right to the bank as if that certifies their bona fides 30 years later.
NO DECISION YET!!
Dear Friends,
The United States Supreme Court Justices met last Friday to discuss whether or not to grant Virginia's request to expedite our healthcare case directly to the Supreme Court - thereby bypassing the 4th Circuit Court of Appeals.
Virginia, along with many other states and companies, has been left with great uncertainty regarding the healthcare bill. Virginia alone is spending millions of dollars preparing to implement the bill - despite the fact that if Virginia's legal challenge succeeds, the bill may well be stricken before it is ever fully implemented.
The Supreme Court did not make an announcement today on whether or not it was going to expedite the case. Instead, they relisted the case on their docket for this Friday, April 22nd.
What does that mean?
It means that they haven't rejected our request - yet. Remember, requests to expedite are infrequently granted. However, it also probably means that one or more of the Justices want more time to consider the question.
It also means that there appears at least to be interest in the petition at the court, which is itself encouraging. If my numbers are right, over 90% of petitions addressed in these conferences are summarily rejected because no Justice has any interest in them. So, the fact that the Justices didn't summarily dismiss our petition is itself interesting and at least modestly encouraging (hopefully not in the vein of what your mother told you growing up: "the worst thing they can do is ignore you"... of course, my mother has never filed a petition with the Supreme Court).
Generally speaking, we would expect an opinion issued Monday the 25th; however, it is Easter weekend, so I don't know if that will have an impact on timing, but I'll let you know as soon as we find out!
Stay tuned.
Sincerely,
Ken Cuccinelli, II
Attorney General of Virginia
Just wondered if they would even be there.
Why does it have to go through the appellate process? It’s all been briefed, and the issues are clear. The appellate process is a time waster in this case, and will only cost the states money implementing a plan that may be deemed unconstitutional, or if they delay, cost more to implement if it’s deemed constitutional. The only ones who want the delay are the Obama DOJ because they believe time is on their side.
This means the US supreme court is actually considering the request, instead of dismissing it out of hand. “No news is good news” in this case.
obumbum and company need more time and the only way to do that is to drag the case out through every US appellate court they can on the way to the US Supreme Court. This is just another tactic of the socialist communist!
That’s a handy tool. Thanks!
“Any SCOTUS decision on Unconstitutional Obamacare is irrelevant. SCOTUS is not the final authority on the Constitution. That power is reserved for the fourth and most powerful branch of government, we the people.”
So how do you propose to undo a decision of the Supreme Court?
Pie in the sky?
I am guessing this is 4 to 4 and Kennedy needs to make up his mind. It’s a damn shame that Robert Bork was not confirmed.
You need five votes to decide Supreme Court cases, but to hear a Supreme Court case only requires four affirmative votes - it's called, "The Rule of Four". So, if it's not heard, then VA couldn't even get four justices to hear the case in an expedited manner. That wouldn't be unusual. Cert is RARELY granted before final judgement.
My guess is that either one (or more) Justices either want more time to consider the issue before making a decision on whether or not grant cert before final judgement, or there's a justice or two that wants to write a dissent from the decision to not grant cert. That happens, although it happens pretty rarely. Most denials are issued without comment.
Actually, it only takes 4 justices in conference to move this forward.
OK, well Alito, Scalia, Thomas & Roberts...it would be interesting to know who is standing where. I wonder if we will ever get an explanation.
It would be interesting to hear Robert Bork’s take on this.
Not unless a Justice(s) offers a dissenting comment at denial. Those Conferences are about as secret as a Catholic Conclave. They NEVER talk.
“Read post #12 and click on the link.”
Really great in THEORY but factual EXECUTION is pie in the sky, ie. a pipe dream. Unfortunately, wishing don’t make it so.
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