Justice is supposed to be blind. We’ll eventually see if she really is.
Today the U.S. Supreme Court refused to take on Virginia Attorney General Ken Cuccinelli’s request to expedite a hearing on Obamacare. Instead SCOTUS ruled it can move up through “normal channels.” Cuccinelli had hoped to bypass Richmond’s Fourth Circuit Court of Appeals with the assertion the issue of the controversial Obamacare is one that needs immediate attention. This is the second time SCOTUS has turned down a request by opponents of Obamacare.
Cuccinelli stated he will abide by SCOTUS decision and await The Fourth Circuit’s hearing of oral arguments on May 10 before a 3-judge panel. A disappointed Cuccinelli had his to say:
“Asking the court to expedite our lawsuit was about removing this crippling and costly uncertainty as quickly as possible. … The Supreme Court rarely expedites cases under its Rule 11. Expediting our case would have been the exception and so, although disappointing, this is not surprising,” he said in a statement Monday. “This case’s logical end point is the Supreme Court. It will simply have to make its way through the Fourth Circuit first.”
It’s no secret of course Mr. Obama didn’t want SCOTUS to have a hearing and Acting Solicitor General Neal Katyal told the court, “there is no basis for short-circuiting the normal course of appellate review.” Katyal also stated there is obviously a lot of public interest in the issue however it’s not:
“one of the rare cases that justifies deviation from normal appellate practice and require[s] immediate determination in this court.”
SCOTUS did fast-track hearing Bush v. Gore in 2000 since it was an issue that required “immediate determination.”
Back in December federal Judge Henry Hudson in Richmond ruled a key provision of Obamacare violated the Congressional Commerce Clause i.e. that the government cannot force anyone to “buy” a product, namely insurance required by Obamacare. Part of Hudson’s 42-page ruling stated:
â€œNeither the Supreme Court nor any federal circuit court of appeals has extended Commerce Clause powers to compel an individual to involuntarily enter the stream of commerce by purchasing a commodity in the private market.â€
Mr. Obama promptly appealed.
Back in January a second federal judge, Judge Roger Vinson of the federal district court in Pensacola, Florida ruled the individual mandate clause was so “inextricably bound” to other portions of the Affordable Health Care Act that the entire law must be invalidated. Part of his statement:
â€œThe act, like a defectively designed watch, needs to be redesigned and reconstructed by the watchmaker.â€
There are a myriad of other plaintiffs challenging Obamacare: 26 states and also the National Federation of Independent Businesses.
It’s of interest to note that Democrats want Justice Thomas to recuse himself from any hearings on Obamacare and Republicans want Justice Kagan recused.
It’s going to we a wild and bumpy ride.
Crossposted at Unified Patriots News
Crossposted at Conservative Outlooks