If the pleadings address the problems with Roberts' decision, I think he will realize how big a mistake he made and the outrage at this decision could also influence him to make a new decision. Since the Court is in its Summer recess, that will give Roberts a long time to re-evaluate his error.
The party desiring a rehearing needs to get five justices to agree to it, including a justice in the majority. Scalia, Thomas, Kennedy and Alito would obviously agree to a rehearing, so getting Roberts to agree is all that is required to reverse this decision and there would be no oral arguments.
Filing a petition for rehearing is a logical and potentially effective way to get rid of Obamacare at the earliest time possible.
The formatting looked good in the preview.
ping
What makes you think Roberts believes his ruling was erroneous or would admit to such?
I’m not sure of the meaning of “at the instance of a Justice who concurred in the judgment or decision”, but it seems to be that a member of the original majority must be among the majority deciding to accept the petition. How it could be otherwise eludes me, unless perhaps a decision was decided 4-3 with two justices absent from the initial decision.
Your interpretation that getting Roberts to agree would reverse the decision and that there would be no oral arguments in the process looks off to me. I think the “no oral arguments” applies to the process of accepting the petition. Once accepted, the merits of the arguments in the petition could probably be argued orally at the rehearing. And Roberts could join in accepting the petition, but the law wouldn’t be reversed unless he also joined in deciding against the law after the rehearing.
Nonetheless, an interesting option given the convoluted way Roberts justified his decision. Hopefully there’s a legal mind out there working on something that would convince him to reconsider.
Right after the ruling, Obama and the Dims have been denying this is a tax. Would that be grounds to demand a rehearing?
ha ha ha good luck with that
Great but I doubt any of the losers will file for rehearing. Have you heard that any will?
So if it isn’t a tax, it isn’t Constitutional. And Obama is now arguing that this wasn’t a tax? I would call the court back...
No, he knew exactly what he was doing. That was clear in his obviously ridiculous finding. There is no reason for him to reconsider given what his intention was in the first place, to find a way to uphold the law.
I am not jumping on the Justice Roberts did the wrong thing quite yet.
They could file for a hearing asking for more “clarification” on the tax issues and how it would apply to the “waiver” issues!
As a recovering attorney, the chances of a Petition on Rehearing being granted are almost nil. Doesn’t hurt, but don’t bank on it.
Not . . . . ever . . . . gonna . . . . happen (said the lawyer). I’ve argued before SCOTUS. There is a greater chance that you will walk to Mars.
Does anyone know of ANYBODY who is pursuing this? Like a real constitutional lawyer or Heritage Foundation or.... anyone? Or are we just wishing here?
,,,, , don’t hold your breath waiting for the 40th day ,,,, and which spineless republican in congress would have the cajones to stand up to a activist supreme court decision ???? NONE !!!!! God and the Tea Party may be our last best hope . Very sad at best .
,,,, , don’t hold your breath waiting for the 25th day ,,,, and which spineless republican in congress would have the cajones to stand up to a activist supreme court decision ???? NONE !!!!! God and the Tea Party may be our last best hope . Very sad at best .
Any merit to this?