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  • Court to DOJ: No More Stalling on Obamacare Lawsuit

    Late yesterday, the U.S. 11th Circuit Court of Appeals handed the Obama DOJ yet another defeat in the Obamacare litigation—this time related to how quickly the appeal will proceed.  Readers of this blog know that the Obama DOJ has been attempting to slow walk its appeal of Judge Vinson’s ruling.  Judge Vinson stayed his decision striking down the whole of Obamacare, but only if the DOJ filed for expedited review in the 11th Circuit.  The DOJ did file for expedited review on Wednesday, but as Todd Gaziano noted at the time, “the Administration’s motion to expedite the appellate briefing requests a timeline that is still too slow,” and the motion also claimed that if opposing counsel appealed any of the claims they lost below, then the Justice Department would need more time for briefing.

    How slow was the proposed briefing schedule?  As the lawyers for the states and the NFIB noted in their response, the DOJ’s “proposed briefing schedule is identical to the ordinary, non-expedited briefing periods” set forth in the federal rules.  So much for expedition.

    The states and the NFIB recommended a briefing schedule that would actually be expedited, and filed a petition asking that the entire 11th Circuit hear the case the next time that the full court sits en banc, which is the week of June 6.  Full court review (en banc) is discretionary, and while the parties may request it after a three-judge panel has decided a case, parties may also request en banc review before the case goes to a panel.  Should the 11th Circuit grant en banc review, that would remove one intermediate, discretionary level of appellate review, and could permit the Supreme Court to hear the case sooner.

    The 11th Circuit responded to the DOJ’s motion for expedited review Friday.  Not only did it reject the DOJ’s slow-walk schedule, but it implemented an even more expedited schedule than the one requested by Obamacare’s challengers!  All briefs are scheduled to be filed by May 25, 2011.  The court also rejected the government’s contention that it would need more time if the states brought a cross appeal.  And the court was firm in its schedule, clarifying that “[n]o extensions of this briefing schedule will be granted.”  Finally, the court noted that the request for full court review was still pending, and that the resolution of that motion would not affect the expedited briefing schedule.

    This is just the latest example of courts seeing through the DOJ’s blatant attempts to manipulate the timing of this case.  First, in a transparent stalling tactic, the DOJ filed a spurious motion to “clarify” the already abundantly clear decision of Judge Vinson, who saw through the DOJ’s shenanigans, issued a stay of his ruling, but required the government to file for expedited review to keep the stay.  The government then filed a motion for expedited review that did not actually, well, expedite the briefing schedule, and sought to add conditions for the favor it granted in offering to abide by an ordinary briefing schedule.  The 11th Circuit rejected the schedule and the conditions, and required its own, much faster briefing calendar.

    Whether the 11th Circuit decides to hear the case en banc or not is yet to be decided, but its decision yesterday sends a strong signal that it will not tolerate the kind of gamesmanship and delaying tactics that the DOJ has been using to date.

    Posted in Obamacare [slideshow_deploy]

    11 Responses to Court to DOJ: No More Stalling on Obamacare Lawsuit

    1. Pingback: Court to DOJ: No More Stalling on Obamacare Lawsuit

    2. JenPo Northern Calif says:

      ObamaCare needs to be defunded and stopped immediately. As an insurance broker, I've seen first hand, the problems with this bill. Here are the main issues that no one is talking about:

      1. Insurance company profits are now limited to 20% of premiums. What would happen to our financial institutions, or any other business if such government overreach and restrictions were put in place? I've seen:

      -Increased premiums

      -Decreased benefits and plan options

      Not to mention, the other half of the equation isn't balanced-no restrictions on the costs of healthcare itself (hospitals, trial lawyers, drugs, etc.) These costs need to be curved as well, or the insurance companies that do survive ObamaCare will raise rates to meet these challenges. They will have no other choice but to pass on the costs to you and I.

      2. ObamaCare made it "gender neutral". What this means is that EVERYONE'S rates went up. In other words, he messed with basic risk factors. Men used to get a break on their rates at younger ages and women at older ages. Women live longer, and men have less health problems when they are younger. Just as car insurance costs more for young men due to their driving risk, health insurance also tried to balance risk and pass the savings to those who are less risky.

      3. Guaranteed issue for children and soon, anyone with a pre-existing condition. Again, it raised everyone's rates. In California, there is ALREADY a program in place for individuals with preexisting conditions. It's called the PCIP, and it doesn't cost a lot more than regular insurance. Yet ObamaCare makes carriers take on high risk people, when there are already other options out there. Why should I pay more, so that for instance, an obese smoker can get insured in my risk pool?

      4. He is creating "Exchanges" funded by taxpayers, which will essentially create unfair competition in the free market for regular health insurance carriers. We've already seen that doctors refuse Medicare/Medicaid insurance because they simply do not get paid as much as private insurance will offer. With the increasing costs to taxpayers, this government takeover will lead to rationed care.

      5. Burdens on individuals, taxpayers, businesses and society. We all know that the existing entitlement programs are sucking us dry, yet ObamaCare will exponentially expand these programs and explode our debt. Not to mention the law required businesses to 1099 every single transaction over $600. In other words, this law will create a lot of red tape.

    3. Norma in Nebraska says:

      This court decision gives me hope that the Constitution is not completely dead, and that our judicial system still works at some levels. We'll have to wait to hear what the 11th Circuit decides but at least there is some positive confirmation that MAYBE we have a chance to stop ObamaCare.

    4. Jeanne Stotler,Woodb says:

      I think they know the bill is unconstitutional therefore they are stalling the enevitable.

    5. Corky, Howey in the says:

      I just love it when a plan comes together. This whole healthcare is nothing more than a money pit. I'm in the VA and I am here to tell you if the VA is an indication of Government run healthcare the American people will be very sorry and very upset. It is terrible, plain and simple…

    6. Matt, CO says:

      About time! I'm loving how the Courts are slapping the Obama Admin around. Obama and his admin are not incompetent, in fact, they are extremely competent…at being destructive for our country…and in part, to the rest of the world too. They are malicious.

    7. Lloyd Scallan (New O says:

      Everyone had better understand that ObamaCare cannot be defunded! It has been "funded" for the next 8 years by the deception of Obama, Reid and Pelosi when they slipped in $105.4 billion into various sections of the bill to hide the facts. No matter what the Republicans do, the only chance we have the

      Supreme Court. For the sake of God, when are we going to realize nothing, absolutely nothing these Democrats do or say can be trusted. They have an

      agenda and will not stop.

    8. Leon Lundquist, Dura says:

      Robert, thanks. Obama teaches Misrepresentation (High Crime of Not Representing) BY HIS example! The PPCA is the true example of mechanical misrepresentation done sorcery style, above the People's heads! What did Judge Vinson say to the Political Analyst? If we were hip enough to "get it" the Judge told us the Demo-crats were playing the System against itself! His Honor used all the words for extraordinary and unprecidented for the Government's actions! He also used "improper" and "disrespectful" describing the Government. He said it was barely possible that the Obamagang was "confused" and "misunderstood the import" of Vinson's original Order! They are riding on that edge of Contempt and Violation of a Court Order, the Demo-crats at HHS are probably criminals.

      Please understand the Government was dishonest in bringing two mutually exclusive arguments to Court! Mechanically that is Perjury, one way or the other! "It is a tax!" and "It is not a tax!" "It is a Penalty!" and "It is not a Penalty!" If that isn't enough stink, they are asking for unlimited Power to Regulate! That is a found fact, not my Right Wing opinion! These crazed Commies are pushing for Totalitarian Government!

      Isn't that the proof of Criminal Intent? No loyal President could seek or want these Powers! How can there be a Congressional Intent when nobody could Read The Bill? If the Whole Bill is Unconstitutional then Rep. Michelle Bachman's $105 Billion is a High Crime, at least Criminal Attempt to defy Representative Government! Unprecidented secrecy and misrepresentation! It might be a Violation of a Court Order (1-31-11). The Judge saw RED flags! "This is a novel issue," "Unprecidented," new Power come to Government in the dark of night! Somehow Harvard Law School is behind Totalitarian Communist Government making its way into American Government! Let that sink in a moment!

      Ask again why Justice Kagan was 'awarded' her Supreme Court Seat? "Thanks for selling out the Harvard Law School to Totalitarian Communism!" How did Obama, and atheist, Third Generation Communist get the Editorship of the Law Review? Quid pro quo, I see it. It was wonderful Judge Vinson lifted U.S. v Stevens to say "The Constitution protects us from Noblesse Oblige!" Do you appreciate how sharp a barb that is? William Wallace! Brave Heart, the movie? Noblesse Oblige was the Right of Nobles to seed the peasants 'for their own good.'

      On page 12 (Clarification Order), Judge Vinson exposes the Government double dealing again! The Feds say they will follow the Order then they say they don't have to! Then why, pray tell did they say they would? To intentionally stall off the effect of the Order! Fooling the Court to create doubt! On top of that, the Feds cite Case Law that doesn't apply! Judge Vinson isn't taking the Red Herring! But get this now, as a matter of record the Government is playing dirty! So they play dirty again with the Appeals Court! Judge Vinson laid the groundwork to find the Government in Contempt! That is criminal! It isn't my opinion that Obama's Government is Criminal! That is found fact! Reconfirmed at the Appelate Level! Thanks so much Judge Vinson.

      I wish both Courts had called for a Grand Jury! That is what a Court can do when evidence of a Crime is introduced in Court! But this crazy Left Wing Government are Contemptuous Defendants who are attempting a 180 degree Reversal of the entire thrust of the Constitution! Attacking Limited Mandate! Enumerated Powers! "All Power to the Government!" That is a High Crime! Why can't they see it?

    9. Larry Welch, Idaho says:

      Mt Alt, what or who is NFIB? Poor reporting.

    10. Bobbie says:

      National Federation of Independent Business. NFIB

    11. Randy131 in Florida says:

      Maybe we do have a Judicial system that works for the people and are not in collusion with other branches of government against the rights of the people, but only the outcome of this case will expose the true insights of what the Judicial system believes in conjunction to the people's rights and the US Constitution, and their responsibility to both.

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