Springtime for Obamacare
Adam Freedman ·
Jan 28, 2011 at 11:51am
The Fourth Circuit Court of Appeals has just approved an expedited schedule for the appeals of two Obamacare challenges: Virginia v. Sebelius and Liberty University v. Geithner. The two cases will go on parallel tracks, with both being argued in May of this year. If the Fourth Circuit strikes down the individual mandate (upholding Judge Hudson's decision in Sebelius), it would add some very nice momentum to the drive to overturn this dire law.
But even with this expedited schedule, there are other appeals bubbling up from the circuits, and I can't see how SCOTUS could issue a decision before June 2012, and quite possibly later -- meaning that one way or another Obamacare will still be a fresh issue in the 2012 elections.
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Comments :
Dec '10
Re: Springtime for Obamacare
A few weeks ago I listened to a podcast in which John Yoo and Richard Epstein discuss with Peter Robinson how this might play out.
My takeaway was that the politics count; that the House repealing Obamacare multiple times will provide political cover for the courts to do what's right. It's been done once, and largely ignored by the media but not by anyone else.
Jul '10
Re: Springtime for Obamacare
I hate to leave this up to the courts. And I'd hate to let the GOP use expedited judicial review as an excuse not to push hard on Obamacare, day after day after day.
May '10
Re: Springtime for Obamacare
Is there any possibility that the whole of Obamacare could be struck down? Or are we just talking about pieces of Obamacare, like the individual mandate?
Social Security is a testament to the collective willingness to deny reality. Even if the individual mandate was designed to be the financial foundation of Obamacare, its elimination will not necessarily make the rest of Obamacare go away.
Surely, some state is arguing that the entire bill is invalid because of the public admission that nobody had read the entire thing when they voted on it? Legally speaking, Congress no more has the authority to pass unread bills than to approve a war "with whatever State the President determines at a later date."
I have little faith that Obamacare will be repealed via the legislative process in 2012. That would require too many politicians with political courage.
Oct '10
Re: Springtime for Obamacare
The Obamacare bill has no severability clause included in it. That used to mean that if one part fails, the remainder is not severed from it, and it all fails.
Of course, such minor details seldom influence court decisions these days. It simply wouldn't be fair.
Edited on Jan 28, 2011 at 1:27pm