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Appeals panel hearing ObamaCare suit comprised of 2 Obama nominees and a Clinton nominee
Washington Examiner ^ | May 10, 2011 | Philip Klein

Posted on 05/10/2011 7:00:58 AM PDT by UniqueViews

A three-judge federal appeals panel comprised of two Obama nominees and a Clinton nominee will hear arguments later this morning in two lawsuits challenging the constitutionality of the national health care law.

The makeup of the U.S. Fourth Circuit of Appeals panel is crucial, because in lower court rulings so far, Democratic judges have upheld the law while Republican judges have declared it unconstitutional.

The judges on the panel will be Obama nominees James A. Wynn, Jr and Andre M. Davis, who will sit on the panel along with Clinton nominee Diana Gribbon Motz.

(Excerpt) Read more at washingtonexaminer.com ...


TOPICS: Front Page News; Government; News/Current Events; Politics/Elections; US: Virginia
KEYWORDS: andredavis; bhohealthcare; cuccinelli; dianamotz; fourthcircuit; healthcare; jameswynn; judgevinson; judiciary; lawsuit; obama; obamacare; obamacaresuit
No wonder they didn't want to go straight to the SCOTUS -- they are still hoping they can stop the suits against Obamacare.
1 posted on 05/10/2011 7:01:01 AM PDT by UniqueViews
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To: UniqueViews

The 3-0 ruling that was going to be , will now be 2-1.. just to make it look fair.


2 posted on 05/10/2011 7:05:39 AM PDT by libh8er
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To: UniqueViews

Elections HAVE consequences!!!


3 posted on 05/10/2011 7:07:36 AM PDT by Don Corleone ("Oil the gun..eat the cannoli. Take it to the Mattress.")
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To: UniqueViews
Right now,in spite of the Dem and MSM lies,the smart money is on Obama getting his evil butt kicked in 2012.

That means any judge who ignores the constitution and rules in his favor can forget about any promotions for the next eight years.

I'm sanguine that at least the smart and ambitious judges will follow the constitution and rule against Obama.

Easy call,even if you are a liberal,just follow the law and get ahead.

4 posted on 05/10/2011 7:11:00 AM PDT by Happy Rain (WOLF3ABM581)
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To: Don Corleone

It (the election) was ALWAYS about the judges.


5 posted on 05/10/2011 7:12:27 AM PDT by knarf (I say things that are true ... I have no proof ... but they're true)
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To: knarf

we need the 2nd circuit


6 posted on 05/10/2011 7:15:01 AM PDT by scooby321
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To: UniqueViews

“IF YOU BELIEVE THAT THE WAY TO ACHIEVE GOOD THINGS IS TO HAVE GOVERNMENT DO IT...YOU CAN’T THINK OF A MORE SOCIALIST PROGRAM THAN HEALTH CARE...”


7 posted on 05/10/2011 7:15:49 AM PDT by SMARTY (Conforming to non-conformity is conforming just the same.)
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To: Don Corleone

PRIMARIES HAVE CONSEQUENCES.


8 posted on 05/10/2011 7:22:15 AM PDT by Christian Engineer Mass (25ish Cambridge MA grad student. Many conservative Christians my age out there? __ Click my name)
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To: UniqueViews

Good grief. I’m sure they’ll be fair. /s


9 posted on 05/10/2011 7:24:26 AM PDT by newzjunkey (Stay focused: Debt, Deficits & Immigration.)
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To: SMARTY

“Conforming to non-conformity is conforming just the same”

Yes, and believing that there’s no God is believing just the same


10 posted on 05/10/2011 7:24:26 AM PDT by Christian Engineer Mass (25ish Cambridge MA grad student. Many conservative Christians my age out there? __ Click my name)
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To: UniqueViews

In better news, rabid anti-gun Judge Weinstein of NY got his ass handed to him in a recent decision by a higher court.


11 posted on 05/10/2011 7:25:04 AM PDT by pabianice
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To: UniqueViews

there is no “stopping” the suits...this WILL hit SCOTUS soon enough.....


12 posted on 05/10/2011 7:31:31 AM PDT by cranked
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To: cranked
there is no “stopping” the suits...this WILL hit SCOTUS soon enough.....

Obviously the leftis plan is to slow down the appeals and keep the implementation going. When SCOTUS finally puts it on their docket it will be a moot point unless the Republican House can find a way to defund Obamacare. But that will set up another government shutdown threat (oh, the horror...).

13 posted on 05/10/2011 7:38:50 AM PDT by Menehune56 ("Let them hate so long as they fear" (Oderint Dum Metuant), Lucius Accius, (170 BC - 86 BC))
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To: Happy Rain
That means any judge who ignores the constitution and rules in his favor can forget about any promotions for the next eight years.

More than that, they should be fearing impeachment.

14 posted on 05/10/2011 7:48:32 AM PDT by gov_bean_ counter (Put Obie in a dress and call him "The Last Queen of Scotland".)
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To: UniqueViews
Democratic judges have upheld the law while Republican judges have declared it unconstitutional.

I thought the whole point of the Judicial branch was to have a non-political interperetation of the law?

15 posted on 05/10/2011 8:16:09 AM PDT by RockinRight (Can't think of anything to say...)
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To: UniqueViews

The 4th Circuit (MD, VA, WV, NC, SC) was - in the past - a bastion of strict constructionists. Thus, the Bush judicial nominees to the 4th Circuit were targeted for delay - to the point of setting the record for the longest court nomination never processed by the Senate. So the left was able to eviscerate even the 4th. Yet even after the 2010 elections, the pubbies are letting Obama’s nominees get to a vote. On the theory that we want to play fair. So that they’ll play fair with us in return, as outlined below?

Amazing that failed/evil thought processes espoused by only 20% of the country nonetheless dominate the schools, the gov’t & the courts. Atlas is Shrugging.

List of stalled, filibustered or blocked nominees,
United States Court of Appeals for the Fourth Circuit:

Maryland seat vacated by Francis D. Murnaghan, Jr. - Claude Allen, followed by Rod J. Rosenstein (judgeship later filled by Obama nominee Andre M. Davis)

North Carolina seat vacated by James Dickson Phillips, Jr. -Terrence Boyle, followed by Robert J. Conrad (Boyle was nominated by President Bush in May 2001. After waiting six years, President Bush withdrew his nomination January 2007, making this 2001-2007 nomination the longest court of appeals nomination never processed by the Senate; Robert Conrad was nominated July 2007, but the Senate Democrats refused to process his nomination during the Democrat-controlled 110th Congress; judgeship later filled by Obama nominee James A. Wynn, Jr.)

South Carolina seat vacated by William Walter Wilkins - Steve A. Matthews (judgeship later filled by North Carolina Obama nominee Albert Diaz)

Virginia seat vacated by H. Emory Widener - William J. Haynes, II, followed by E. Duncan Getchell, followed by Glen E. Conrad (judgeship later filled by Obama nominee Barbara Milano Keenan)


16 posted on 05/10/2011 8:18:43 AM PDT by Belle22
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To: UniqueViews

I heard the administration invoked the “necessary and proper clause” in defense. No doubt “general welfare,” “due process,” “interstate commerce,” and “equal protection” came up. They’ll keep whatever 9th amendment argument they can come up with based on Scottish common law in their back pocket for SCOTUS.


17 posted on 05/10/2011 8:24:12 AM PDT by Tublecane
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To: RockinRight

“I thought the whole point of the Judicial branch was to have a non-political interperetation of the law?”

Why would you expect politicians in political offices to be non-political?


18 posted on 05/10/2011 8:36:16 AM PDT by Tublecane
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To: Tublecane
Why would you expect politicians in political offices to be non-political?

In the past, the judiciary were supposed to be non-political, but I guess that's now a quaint old notion, and our illustrious leaders will pat us on the head and smile when we mention it.

19 posted on 05/10/2011 9:00:46 AM PDT by COBOL2Java (Obama is the least qualified guy in whatever room he walks into.)
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To: Jet Jaguar; NorwegianViking; ExTexasRedhead; HollyB; FromLori; EricTheRed_VocalMinority; ...

The list, ping

Let me know if you would like to be on or off the ping list

http://www.nachumlist.com/


20 posted on 05/10/2011 9:09:05 AM PDT by Nachum (The complete Obama list at www.nachumlist.com)
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To: Happy Rain

>Right now,in spite of the Dem and MSM lies,the smart money is on Obama getting his evil butt kicked in 2012.<

Although Obama has poll numbers that show his favorable numbers lower than most presidents at this point in their tenure - I worry that the GOP will not put anyone up that will attract enough enthusiasm to beat him.


21 posted on 05/10/2011 9:19:52 AM PDT by Munz (All tyranny needs to gain a foothold is for people of good conscience to remain silent.)
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To: UniqueViews
According to the Fourth Circuit, the panel is chosen by "a computer program designed to achieve total random selection." ---------The judges were "Chosen by computer at random and yet they all happen to be appointed by Democrats and 2 by Obama"? Who in their right mind believes that??? The U.S. Court of Appeals for the Fourth Circuit is evenly divided between Republicans and Democrats and yet not one Republican was "chosen at random" by the computer.
22 posted on 05/10/2011 9:20:09 AM PDT by mandaladon (PalinGenesis)
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To: UniqueViews

This is just slapping American in the face.


23 posted on 05/10/2011 9:21:11 AM PDT by Munz (All tyranny needs to gain a foothold is for people of good conscience to remain silent.)
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To: SMARTY

When do we see this horror show impact the zerObots?

Last summer, I was researching home treatments for a minor problem. I ran into several message boards populated by Medicaid recipients. Every last one of them was complaining about long wait times to see an MD or DDS, lack of any dental or vision care available unless they were on full welfare benefits, no general anesthesia for tooth extraction on Medicaid,having to travel 50 miles or more to specific government clinics in order to get treatment. This is all prior to full implementation of zerOcare. I thought I had fallen down the rabbit hole and was listening to Brit complaints about NHS.

I believe most of these posters were in the southern part of the Midwest US, perhaps Missouri and Arkansas. There were a few rants about how they couldn’t believe US medical care was so poor, but that was because they expect all the benefits of modern medicine, immediately, from competent professionals, on their own schedule, conveniently and for free.

Oh, and they were trading information on how to manage various pain conditions with Oxycontin, Percocet and similar drugs, which were evidently freely available to them, either from leftover prescriptions or on the street.


24 posted on 05/10/2011 9:46:06 AM PDT by reformedliberal
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To: UniqueViews

The Constitution gets slam dunked by the hack judges.


25 posted on 05/10/2011 10:01:29 AM PDT by steelyourfaith (If it's "green" ... it's crap !!!)
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To: Happy Rain; UniqueViews; Don Corleone; gov_bean_ counter
If conservatives ever regain the Exec and Congressional branches, we should disband all of the Appeals Courts and start over; appoint constitutionalists.

Let the rats bark at the moon. They have so corrupted and soiled our judiciary, there is only one option, get rid of them.

Oh, and another advantage, no impeachments required. Just pay ‘em their salaries as non-judges.

26 posted on 05/10/2011 3:31:16 PM PDT by Jacquerie
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To: steelyourfaith

Once again sadly demonstrating that all judging is political these days.

Fortunately I believe a majority of the 4th Circuit is still conservative, so the decision of this random liberal panel may itself be overturned by an en banc court. But ultimately it is of no consequence since SCOTUS has the final word.


27 posted on 05/10/2011 5:36:27 PM PDT by KingofZion
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To: scooby321
"we need the 2nd circuit"

I'd rather a short circuit.

28 posted on 05/10/2011 5:56:18 PM PDT by knarf (I say things that are true ... I have no proof ... but they're true)
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To: MVV
Yeah, they'll be fair.....just like the judge who threw out DADT, who was a homosexual.
And he got away with it. Not one GOP had any complaints.
29 posted on 05/10/2011 6:06:35 PM PDT by mickie
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