Tuesday, September 27, 2011

U.S. decides against seeking further appellate review of Obamacare.

Supreme Court Next Likely Stop for Sprawling, Controversial Legislation

The Justice department, currently involved in multi-state litigation with at least 26 states regarding the controversial "Patient Protection and Affordable Care Act," (i.e., 'Obamacare,'), has decided against seeking further review in the 11th Circuit court of appeals which recently upheld a lower court decision striking down its controversial "individual mandate" to buy health insurance.

As a practical matter, this means that the future of our nation's health delivery system, (and by some perspectives, the nation's very liberty and free-enterprise roots), is likely to be taken up by the Supreme Court in its term beginning in Oct., and possibly decided by the High Court in late summer or Fall 2012, (placing it smack dab in the middle of what already promises to be one of the most heavily contested and contentious Presidential election cycles in our nation's history!)

In practical terms, this also means the constitutionality of this historic legislation will also be decided by five men and women in black robes appointed for life and utterly unaccountable to the American Electorate.  Of course, for those more practiced in the art of court watching, this means this incredibly far reaching legislation touted by the Obama Administration as its crowning achievement, will come down to the vote of one man who has often played a central 'swing-vote' role in controversial cases in the last 30 thirty years of our nation's at times schizophrenic jurisprudence.  That one man is President Ronald Reagan-appointee supreme court justice Anthony Kennedy.

Over the next few weeks we will get back to our long promised analysis of Kennedy's decision making with an eye to perhaps familiarizing ourselves to what to expect from the High Court in this historic case, as well as a general and brief analysis of the 11th Circuit's substantive decision as appropriate, contrasted with contrary circuit court decision's, (long overdue I know), and their probable effects on American law and life in our Republic 'based on laws and not of men.'

 And while no one can accurately predict how the members of the Supreme Court will ultimately come down on this legislation with 100% accuracy, we are convinced that a studious examination of prior decisions and rulings of the Supreme Court, and Justice Kennedy in particular, can yield helpful clues.

 At least it is to that end that we will endeavor, and ask our friends (and all readers) to actively contribute to the discussion using the comment feature and by linking with their blog, social media site, or webspace however it may exist in the vast universe of cyberspace.  We also would like to ask those of you so inclined to pray for wisdom and the right decision to be made by our Supreme Court members, especially justice Kennedy, in undoubtedly what will be one of the most significant decisions ever made by our High Court in the 21st century!

 For those new to our blog we also suggest you might want to read our previous analysis of the Florida district court decision that started at least the 11th Circuit case here, as well as our assessment of Obamacare itself, which you can read here.

 With that said, stay tuned dear reader; this should be fun!  jp

No comments:

Post a Comment