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October 14, 2010

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Danube of Thought

I assume that the trial court decisions in Michigan, Virginia and Florida, once they have been finally rendered, will be appealed to the three relevant circuit courts. The Supremes would then wait until all three circuits have ruled, and hear all three appeals together.

This will take a while...

Rick Ballard

"This will take a while..."

No rush - let the Supremes digest the election results for a few months. Maybe they can enjoin the damned thing while they wait due to the clever lack of severability the Three Stooges employed.

Clarice

Yes, it will and in the meantime states so inclined can decide that it is stupid to spend the money necessary to comply with a law that may never take effect.

Rick Ballard

Any bets on which state will be first to ask for an injunction?

Sue

Lindsey Graham just told Greta that all states need the opt out provision that Mary Landrieu and Ben Nelson got. Let the states decide which ones want to opt in.

Danube of Thought

Not that it ultimately matters, but I think it's clear that two of the three federal jurists (Hudson and Vinson) who have heard and considered this thing would hold it unconstitutional if it were up to them.

And no one should have any doubt that the Supreme Court does, indeed, read the election returns.

Sue

Wow. The court denied Jan Brewer an opportunity to file a brief. But allowed Mexico, Chile, Paraguay, and I think she said 19 other foreign countries to file amicus briefs.

Danube of Thought

RickB, I think it will depend which court delivers a favorable final decision from the trial court, and at this point I don't know whether that is likelynto be VA or FL.

But I think there are 21 states flexing their fingers in the starting blocks.

Rick Ballard

"the Supreme Court does, indeed, read the election returns"

Opening wide November 3rd

The Emanating Penumbra!!

Clarice

It would be an ironic and historic event if the passage of this law brings down the Democrats and the law itself is held unconstitutional to boot.

JM Hanes

SCOTUSblog has a brief summary, which includes the 4 claims that were turned down. In case anybody hasn't seen it, the Independent Women's Forum has set up a page tracking the Health Care Lawsuits.

Clarice

DoT, You were right. He hasn't had the s/j motions and briefs yet. I was wrong in assuming they'd been fled along with the motion to dismiss.

Rick Ballard

Is Judge Vinson a member of the CVN-70 Vinson family?

Danube of Thought

As I understand it, both the VA and FL cases are in the same posture, I.e. In each case both sides have filed summary judgment motions that will be heard and determined in the coming months.

What this means is that in both cases all parties have agreed that there are no disputes about the facts, and that there is thus no need for the court to take evidence at a trial.

This is pretty unusual. It's hard for me to imagine how either Hudson or Vinson could rule in favor of the government, given what they've said thus far.

narciso

Boyj sre top notch jurists, the only way ou could top it would br if Judge Feldman (I know, no relation,) and he's busy on another front, would have submitted a brief

Melinda Romanoff

Moratoria on foreclosures?

MY A$$.

This ought to get some play in real life.

(And right after I post a long one on the prior thread explaining the MERS issues. Sigh, oh well.)

narciso

Both are,

Clarice

I think so, too, DoT.

Remember, the lack of a severability clause was necessitated by Scott's election to the Senate..the fast hand trick was stripping out an entire House Bill, using the HR No. to serve as the plant or a Senate Bill which the House then adopted. They feared opening up the process to add that would delay and perhaps sink the entire thing.

Now, since tax bills by Constitution must originate in the House, this was an apparent scam whih the Dems covered up by claiming the mandate wasn't a tax.

Melinda Romanoff

G'night all.

Clarice

Niters,Mel.

Legal Insurrection saysi t's official Angle whooped Reid's ass tonight, and he copies a tweet from David Corn saying the dems should be "very depressed tonight."

Rick Ballard

"saying the dems should be "very depressed tonight.""

Aaaah... look on the bright side, tonight is a lot better than November 2nd will be. Every cloud has a silver lining...

Rick Ballard

"saying the dems should be "very depressed tonight.""

Aaaah... look on the bright side, tonight is a lot better than November 2nd will be. Every cloud has a silver lining...

bgates

Legal Insurrection says it's official

Apparently it was so one-sided there's nothing on the big lefty blogs to drunkenly cut & paste.

Clarice

Good point, bgates. If there's any lefty blog carp to be cut and pasted it'd be pasted here first.

Clarice

America's fashion icon goes to the polls Part II.
http://js-kit.com/blob/fZ37k6cDzRERrrU_p76_Za.jpg

matt

hey all. I stopped by the NYT web site, and they reviewed a new flick ob Carlos the Jackal, one of our faves back in the ancient times.

Funny how this flick, Che, and Ollie Stone's big fat wet kiss to South America's leftists probably cost over $100 Million to make and made @ $84.62. It makes a guy wonder, so natcherally I had to blog it. LUN.

BR

Alinsky: Use all the tools at your disposal.
Obama: But there aren't any fools left.
Alinsky: I said tools, you fool.

BR

Clarice at 10:49 - thunderous applause!

Janet...off the couch & sportin Tea Party chic

Michelle Obama next to a vending machine.
Our big health guru. :(
and this from Frau on the other thread - "If you enlarge the photo of FLOTUS, you can see the words "Vote for Obama" hidden in the pattern of the blouse."
Ol' Paul McCartney must have given them "hidden message" pointers. If you don't have an album cover, use your clothing.

Captain Hate

Matt, nice blog entry; the financial disasters that lefty propaganda films have been and their scant credibility have been commented on by Michael Phillips previously when "At the Movies" was still on tv. I thought a previous financial justification for them was that they made a lot of money in foreign markets but that might have been some disinformation floated by the flaks.

Jane (sit on the couch or save your country)

this was an apparent scam whih the Dems covered up by claiming the mandate wasn't a tax.

And that is going to be the death of the health care bill.

How fun is that!

jimmyk

CH, that was part of the story in Medved's "Hollywood vs. America." He documents how more wholesome and non-political movies do better financially, but Hollywood puts its political/social agenda above profits. The same seems to be true of TV news, which has allowed Fox to jump in and make a killing.

Captain Hate

Thanks jimmyk; now that you mention it I've heard Medved talk about it on the air, which is one of the topics I think he's most effective on.

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