Wednesday, December 01, 2010

Not If They All Go One Way

There seems to be an assumption that the lawsuits over Obamacare will ultimately be decided by the US Supreme Court. But so far the plaintiffs are zero for two at the trial court level. Unless a circuit overrules one of them in their favor, this never makes it to the Supreme Court. No split, no cert is the general rule for these types of cases.

3 Comments:

Anonymous Anonymous said...

They like to resolve splits, but they also like to take on huge issues and major statutes that have the people excited.

3:48 PM, December 01, 2010  
Blogger QueensGuy said...

I'd be interested in any example you could cite since the Civil Rights Act.

8:37 PM, December 01, 2010  
Anonymous Anonymous said...

Well, honestly, this is the implication of the Frankfurter Commerce Clause--Constitution? What Constitution?

I wouldn't get too excited until the appellate courts rule. And yes, I'd expect them to uphold it, too.

There's a decent chance (30 percent? 40 percent?) that the supremes will put an end to this fascism, but obviously my money is on Big Sis regulating your right to leave the house, license plate scanners that scan everyone for all compliance issues, and a commerce clause that means anything the government wants it to mean. How many overreaches are left? Fat farms? Sending Muslims, Christians or gays to camps, depending on which branch of fascists gets there first?

12:53 AM, December 02, 2010  

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