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Health reform lawsuit appears headed for Supreme Court
Politico ^ | SEPTEMBER 26, 2011 | JENNIFER HABERKORN

Posted on 09/26/2011 4:00:00 PM PDT by RobinMasters

The Obama administration chose not to ask the 11th Circuit Court of Appeals to re-hear a pivotal health reform case Monday, signaling that it’s going to ask the Supreme Court to decide whether President Barack Obama’s health reform law is constitutional.

The move puts the Supreme Court in the difficult position of having to decide whether to take the highly politically charged case in the middle of the presidential election.

The Justice Department is expected to ask the court to overturn an August decision by a panel of three judges in the 11th Circuit Court of Appeals that found the law’s requirement to buy insurance is unconstitutional. The suit was brought by 26 states, the National Federation of Independent Business, and several individuals.

Since the ruling, the Justice Department had until Monday to ask the entire 11th Circuit to review the case. Administration lawyers didn’t file the paperwork by the 5 p.m. deadline, so the ruling would stand unless the Justice Department asks the Supreme Court to step in.

The petition isn’t due until November, and the administration could get an extension.

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


TOPICS: Business/Economy; Constitution/Conservatism; News/Current Events; Politics/Elections
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1 posted on 09/26/2011 4:00:04 PM PDT by RobinMasters
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To: RobinMasters

You beat me!


2 posted on 09/26/2011 4:04:35 PM PDT by WellyP (REAL)
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To: RobinMasters

Of course the wise Latina will recuse herself. Right?


3 posted on 09/26/2011 4:05:39 PM PDT by hometoroost (Frodo lives!)
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To: RobinMasters
It is Unconstitutional. They need to EAT Obama.
4 posted on 09/26/2011 4:06:19 PM PDT by the lastbestlady (I now believe that we have two lives; the life we learn with and the life we live with after that.)
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To: RobinMasters
Its pretty much unbelievable that this laws Constitutionality is even up for debate.

Proposing, sponsoring, voting for, and signing blatantly unconstitutional legislation should be a Federal crime, and the marxists responsible for this travesty prosecuted and imprisoned.

5 posted on 09/26/2011 4:06:44 PM PDT by Rome2000 (OBAMA IS A COMMUNIST CRYPTO-MUSLIM)
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To: RobinMasters

“The move puts the Supreme Court in the difficult position of having to decide whether to take the highly politically charged case in the middle of the presidential election”

How the hell does that put the Supreme Court in a difficult position? #$%@! idiots. Pretty simple to most Americans, take the case listen to Obama’s azzholes try to defend it, and shoot it down immediately instead of waiting for a decision to be handed down months after they hear the case.

If the Supreme Court doesn’t shoot this down then I’ll start the New Civil War... that will be anything but civil.


6 posted on 09/26/2011 4:09:15 PM PDT by maddog55 (OBAMA: Why stupid people shouldn't vote.)
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To: Rome2000
Its pretty much unbelievable that this laws Constitutionality is even up for debate

Dunno. In this post-Clintonian era anything can happen.

7 posted on 09/26/2011 4:10:42 PM PDT by plain talk
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To: Rome2000
Proposing, sponsoring, voting for, and signing blatantly unconstitutional legislation should be a Federal crime, and the marxists responsible for this travesty prosecuted and imprisoned.

I don't think you are far off the mark there. This thing has already cost a lot of companies a lot of money. How do they recoup that? Another tax exemption? Our tax code is riddled with exemptions due to our illustrious "law makers"; I'm tired of D.C. NEVER having to feel repercussions other than being voted out and into some nice cushy corporate position. They need to lose their liberties and their wealth when caught in sham's like this legislation.

8 posted on 09/26/2011 4:15:11 PM PDT by Michael Barnes (Obamaa+ Downgrade)
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To: RobinMasters
Big wuss Roberts needs to step aside and let Thomas be Chief Justice—then this unconstitutional piece of crap will be quickly seized, soaked in urine and then crammed down Obama’s commie throat!
It is SO unconstitutional Ears should be frog marched for contempt of the constitution and violation of his presidential oath.
9 posted on 09/26/2011 4:16:52 PM PDT by Happy Rain ("Yer it!")
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To: hometoroost

She promised to be unbiased. I’m sure that’s good enough.


10 posted on 09/26/2011 4:17:49 PM PDT by Cyber Liberty (I like both Perry and Palin, and will vote for whichever of them wins.)
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To: RobinMasters
It's not clear to me this would be heard before the election. Certiorari consideration is often a six month process and then if it's granted briefs have to be filed and oral argument scheduled. Extensions of time are allowed on most of the applicable deadlines. The new term begins next month and ends next June, so it's conceivable this could be teed up for the October 2012 term, which would make a Spring 2013 opinion likely.

A lot would depend on if the administration asks for this to be expedited and if the Court agrees to do so, IMHO.

11 posted on 09/26/2011 4:20:02 PM PDT by colorado tanker
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To: plain talk
The degenerate red sons of bitches that shoved this down Americas throat need to be made an example of.

Unfortunately, there currently is no penalty that can be levied against legislators who attempt to subvert the Constitution.

And should the Federal SCOTUS decide against the free States, there will be HELL to pay.

12 posted on 09/26/2011 4:27:47 PM PDT by Rome2000 (OBAMA IS A COMMUNIST CRYPTO-MUSLIM)
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To: Michael Barnes
The Capital of the USA needs to be moved every other year.

The Washingtonians must be annihilated.

13 posted on 09/26/2011 4:31:42 PM PDT by Rome2000 (OBAMA IS A COMMUNIST CRYPTO-MUSLIM)
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To: Cyber Liberty

Ya know, it would be such sweet justice if she stabbed O in the back and ruled O-care un-Constitutional. She probably has too much dirt on her and shes a damn party loyalist first; but a nice pipe dream.


14 posted on 09/26/2011 4:33:46 PM PDT by Michael Barnes (Obamaa+ Downgrade)
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To: RobinMasters
can the court order the implementation of the law be halted until the case is decided??
15 posted on 09/26/2011 4:34:48 PM PDT by elpadre (AfganistaMr Obama said the goal was to "disrupt, dismantle and defeat al-Qaeda" and its allies.)
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To: Rome2000
The Capital of the USA needs to be moved every other year.

In principle, I agree. Unfortunately for all of us, were broke and cannot afford the type of spending it would take to secure our Federal Government in a new location every two years.

Now, if you would like to discuss prisons as alternate locations; I am ALL ears.

16 posted on 09/26/2011 4:38:06 PM PDT by Michael Barnes (Obamaa+ Downgrade)
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To: Michael Barnes

She’s a freaking liberal. She’d sell your spleen down the river, while you’re still using it. Hopeless. That’s too bad, because she has nice hooters.


17 posted on 09/26/2011 4:40:08 PM PDT by Cyber Liberty (I like both Perry and Palin, and will vote for whichever of them wins.)
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To: Cyber Liberty

So what your saying is if I sent that shirt that says across the chest “I wish these were brains”, she would be offended?


18 posted on 09/26/2011 4:42:41 PM PDT by Michael Barnes (Obamaa+ Downgrade)
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To: Michael Barnes
Might not cost all that much.

Congress can meet in say Pierre SD for two years, and the SD legislature can use those fine buildings on the Potomac in a swap.

The rest of the hangers on from DC can pay their own way to Pierre, I'm sure the locals would love the business.

19 posted on 09/26/2011 4:47:09 PM PDT by Rome2000 (OBAMA IS A COMMUNIST CRYPTO-MUSLIM)
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To: Michael Barnes

Disagree, it’s a part time job at best anyway and under the new Joint Travel Reg (JTR) you’re required to justify why you have to travel and why can’t things be done by teleconference, or VTC.

I think an email once or twice a year with a VOTE button and we’re good to go.


20 posted on 09/26/2011 4:50:06 PM PDT by maddog55 (OBAMA: Why stupid people shouldn't vote.)
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