Skip to main content

View Diary: Supreme Court clears way for yet another Obamacare case (48 comments)

Comment Preferences

  •  What is it going back to? (2+ / 0-)
    Recommended by:
    ColoTim, Rolfyboy6

    In looking for the decision I came across;

    ...the court threw out constitutional challenges to President Barack Obama's health care overhaul efforts, finding that a penalty for not having health insurance amounts to a tax that can't be challenged until it's paid

    Now I'm confused. Is this meat for FOX News or a real challenge? I don't think this means that the SCOTUS is changing the view of the Fourth Circuit that a decision in not yet in their jurisdiction but I don't know. Perhaps it is because the Supreme found that it is not actually a tax?

    While looking I did come across this fun fact about the Fourth Circuit.

    The Fourth Circuit is considered an extremely collegial court. By tradition, the Judges of the Fourth Circuit come down from the bench following each oral argument to greet the lawyers.

    Well I hope that have a hearty handshake for the defender of Obamacare.

    •  The Supremes are sort of disposing of this case (2+ / 0-)
      Recommended by:
      jnhobbs, Eddie C

      with the fine old method of kicking it back downstairs.  Yes, they did give a sort of rehearing to the case that they had declined to hear.  There's a semi-coded message to the Fourth Circuit to dispose of any remaining issues.  As Armando9 says the Fourth Circuit will most likely kick it back down to the trial court for a hearing on the facts.  That will probably result in enough facts on any remaining parts to end the case.  Failing that the Fourth Circuit can end this on the following appeal up from the trial court.

      "It's too LATE to stop now!" - John Lee Hooker

      by Rolfyboy6 on Mon Nov 26, 2012 at 07:15:05 PM PST

      [ Parent ]

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site