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Obamacare Has Arrived in the Supreme Court
The Foundry: Conservative Policy News Blog from The Heritage Foundation ^ | September 28, 2011 at 11:00 am | Hans von Spakovsky

Posted on 09/28/2011 12:24:42 PM PDT by Hunton Peck

The National Federation of Independent Business (NFIB) stole a march on the Obama Administration this morning by filing a petition with the U.S. Supreme Court appealing the 11th Circuit’s Obamacare decision.

The Department of Justice (DOJ) had announced on Monday that it was not going to ask all 11 judges of the 11th Circuit Court of Appeals to review en banc the August 12 decision of a three-judge panel of the 11th Circuit that found the individual mandate unconstitutional. This opened up a path to an appeal by DOJ to the Supremes.

However, with this petition, the NFIB jumped ahead of Eric Holder’s slow-moving DOJ (which until Monday had done everything it could to slow-walk this case filed by 26 states and the NFIB). The NFIB is obviously not appealing the three-judge panel’s opinion about the unconstitutionality of the individual mandate. But the NFIB is appealing the portion of the panel’s decision that held that the unconstitutional individual mandate could be severed from the Obamacare legislation.

The NFIB is asking the Court to overrule this holding, since “Congress itself deemed [the mandate] ‘essential’ to the Act’s new insurance regulations.” Given that the 11th and 6th Circuits have issued “directly conflicting final judgments about the facial constitutionality of [Obamacare’s] mandate,” the case is one that the Court should obviously take up given its interest in eliminating conflicting opinions in the courts of appeal.

What also differentiates this particular case from the many other lawsuits that have been filed against Obamacare is the “all star” lineup of Supreme Court litigators that the NFIB and the 26 states have lined up to argue their case before the Supreme Court. It includes Michael Carvin, a former DOJ official who has argued (and won) numerous cases before the Court; Gregory Katsas, a former DOJ official who was a clerk to Justice Clarence Thomas; Kevin Marshal, another former DOJ official and Thomas clerk; Hashim Mooppan, a former Justice Antonin Scalia clerk; and Randy Barnett, a nationally recognized constitutional scholar and professor at Georgetown.

The lawyers for the states include Paul Clement, former Bush Administration Solicitor General; Lee Casey, another former DOJ official who clerked for Alex Kozinski, who is now the Chief Judge of the Ninth Circuit; and David Rivkin, another Supreme Court litigator with wide experience in the government, including in the White House and the DOJ.

The government lawyers in the DOJ’s Office of the Solicitor General who will be arguing the constitutionality of Obamacare will have their work cut out for them.


TOPICS: Breaking News; Business/Economy; Constitution/Conservatism; Government; News/Current Events
KEYWORDS: 0bamacair; 0bamacare; 0bamaqueer; 11thcircuit; johnmccain; mccain2012; mccainforpresident; obamacare; socializedmedicine; voteformccain
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Good move to speed up Holder's slow-roll strategy.
1 posted on 09/28/2011 12:24:45 PM PDT by Hunton Peck
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To: Hunton Peck

Oh goody, now Anthony Kennedy can show us his true colors that much faster.


2 posted on 09/28/2011 12:32:28 PM PDT by FlipWilson
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To: Hunton Peck

What was the reason the DOJ didn’t appeal to the entire circuit? I haven’t read an explanation. I am assuming that they thought that the circuit would rule against them and maybe even void the entire law, and that they didn’t want that to be what they had to appeal from.


3 posted on 09/28/2011 12:34:20 PM PDT by Defiant (Calling all citizens from all over the world, this is Captain America calling.)
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To: Defiant

Those were Rush’s thoughts.


4 posted on 09/28/2011 12:37:32 PM PDT by mtnwmn (Liberalism leads to Socialism)
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To: Hunton Peck

The first people to read the bill?


5 posted on 09/28/2011 12:51:33 PM PDT by Libloather (The epitome of civility.)
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To: Libloather

Let’s hope for payback for insulting the Supermes at the State of the Union... B*t*Y Slap him a good one!


6 posted on 09/28/2011 1:10:39 PM PDT by celtic gal
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To: celtic gal

What you are inferring is that our country is ruled purely by emotions and not by constitutional jurisprudence.

Sadly enough, you’re probably right.


7 posted on 09/28/2011 1:18:02 PM PDT by 353FMG (Liberalism is Satan's handiwork.)
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To: onyx; RedMDer; Lady Jag; The Cajun; tubebender; musicman; trisham; DJ MacWoW; vox_freedom; ...

.. Ping!

Mods, should this go in Breaking?


8 posted on 09/28/2011 1:28:11 PM PDT by STARWISE (The overlords are in place .. we are a nation under siege .. pray, go Galt & hunker down)
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To: Hunton Peck

Time for Sotomayor to recuse herself!!!!!


9 posted on 09/28/2011 1:30:16 PM PDT by vigilence
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To: Hunton Peck

Just a quick FYI, the cost to appeal ANYTHING to the SCOTUS is going to be north of $50,000.

Whether they take it or not.


10 posted on 09/28/2011 1:35:33 PM PDT by proudpapa (Palin-West - 2012)
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To: onyx; RedMDer; Lady Jag; The Cajun; tubebender; musicman; trisham; DJ MacWoW; vox_freedom; ...

**Politico - updated 9/28/11 4:23pm

Breaking News: Justice Department to ask Supreme Court to uphold individual mandate in health reform law

Justice Department to ask for Supreme Court review of health care law

Excerpt:

The Justice Department plans to file a petition later Wednesday asking the court to review its recent defeat in the 11th Circuit Court of Appeals in the case brought by 26 states and the National Federation of Independent Business, a department spokesperson said. The court ruled that the law’s requirement that nearly all Americans buy insurance is unconstitutional.

Read more: http://www.politico.com/news/stories/0911/64649.html#ixzz1ZHVASOKO


11 posted on 09/28/2011 1:36:23 PM PDT by STARWISE (The overlords are in place .. we are a nation under siege .. pray, go Galt & hunker down)
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To: Pride in the USA

HAHAHAHA! This is GREAT! I know you were listening to Rush this morning, so this will make sense to you. The NFIB just got out in front of the ODumbo parade, and look at the list of their litigators. Thank you, NFIB!


12 posted on 09/28/2011 1:37:35 PM PDT by lonevoice (The Fresh Prince of Bill Ayers, impeach we much)
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To: STARWISE
should this go in Breaking?

I agree. To paraphrase: "This is a big effin deal."

13 posted on 09/28/2011 1:40:55 PM PDT by lonevoice (The Fresh Prince of Bill Ayers, impeach we much)
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To: Libloather
The first people to read the bill?

Bingo!

14 posted on 09/28/2011 1:43:39 PM PDT by Faith
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bump!


15 posted on 09/28/2011 1:54:29 PM PDT by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: vigilence

Agree...but it’s not going to happen. Obviously, it would weaken Obozo’s chances.


16 posted on 09/28/2011 2:00:24 PM PDT by GoldenPup
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To: GoldenPup

related

http://www.freerepublic.com/focus/news/2721639/posts?page=1


17 posted on 09/28/2011 2:12:28 PM PDT by Dubya-M-DeesWent2SyriaStupid! (PDS=someone that doesnt dream dates up of a Palin announcement;nor act as Palins campaign manager)
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To: FlipWilson

Anthony Kennedy is the most powerful man in America. In his hands rests the fate of this country. Let’s just pray that this power does not go to his head and that he does the right thing.


18 posted on 09/28/2011 2:22:22 PM PDT by fhayek
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To: vigilence
Time for Sotomayor to recuse herself!!!!!

You're going to turn blue holding your breath like that.

19 posted on 09/28/2011 2:30:44 PM PDT by hattend (If I wanted you dead, you'd be dead. - Cameron Connor)
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To: STARWISE

I PRAY that the justices do the right thing and remove this albatros from around our necks!


20 posted on 09/28/2011 2:30:44 PM PDT by LUV W (The current candidates?...none of them are pushing MY buttons! RUN SARAH....R U N!!!!)
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