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Why the DOJ Gave Up Its Delaying Tactics in the Obamacare Litigation
Posted By Todd Gaziano On September 27, 2011 @ 3:16 pm In Featured,Obamacare | Comments Disabled
Many predicted the Obama Administration would not stop its delaying tactics in the ObamaCare litigation, which most commentators thought were an attempt to prevent the Supreme Court from deciding the case before the 2012 elections. The Administration received the equivalent of two judicial reprimands in the case brought by 25 states and NFIB that it ultimately lost in the U.S. Court of Appeals for the Eleventh Circuit. It was that very case in which the Administration could have tried one more delaying maneuver, by asking the full court (en banc) to rehear the case. Its decision late yesterday not to drag that case out further and allow a clear path to Supreme Court review is worthy of praise, regardless of the reasons.
It’s certainly possible that the Administration really believes its troubling legal theory that Congress can regulate practically anything, as long as some chaos-theory connection can be found between the desired government regulation and something in commerce—which means everything. But there are several other factors that made further government delay untenable:
In short, the Administration did not have a lot of good options. I’m still willing to pat the litigators on the back for doing the right thing, but I am also savvy enough to suspect that they would have sought a further delay if they thought the government would prevail in preventing the Court from hearing the case at all during an election year.
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URL to article: http://blog.heritage.org/2011/09/27/why-the-doj-gave-up-its-delaying-tactics-in-the-obamacare-litigation/
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