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Politics : President Barack Obama -- Ignore unavailable to you. Want to Upgrade?


To: zeta1961 who wrote (101045)9/8/2011 2:38:51 PM
From: tejek  Respond to of 149317
 
Appeals court shoots down Virginia's healthcare challenge

By Sam Baker - 09/08/11 12:11 PM ET

A federal appeals court on Thursday dismissed one of the highest-profile challenges to President Obama's healthcare reform law.

The 4th Circuit Court of Appeals said Virginia Attorney General Ken Cuccinelli (R) does not have a legal right to sue over the law's requirement that most people buy insurance. The court vacated a lower court's ruling in the case and instructed the lower court to dismiss the suit.

The Supreme Court is almost certain to have the final say on whether the coverage mandate is constitutional. Most legal observers expect the court to hear arguments during the term that begins in October, and rule in the summer of 2012.

The 4th Circuit’s long-awaited decision isn’t a huge surprise: those who attended oral arguments in the suits said the judges seemed skeptical of the mandate’s critics, especially Cuccinelli. All three of the judges who heard the case were appointed by Democratic presidents, and two were appointed by Obama.

The mandate has a mixed record in federal appeals courts. The 6th Circuit upheld the requirement in a June decision, while the 11th Circuit — which heard the high-profile challenge filed by 26 state attorneys general — ruled that the mandate is unconstitutional.

Unlike those 26 states, Cuccinelli sued on the grounds that enforcing the mandate would violate Virginia law. As Congress moved closer to passing healthcare reform, Virginia enacted a law that says state residents can’t be forced to purchase insurance.

But the 4th Circuit panel said Virginia does not have standing to sue over the mandate because it lacks a "personal stake" in the issue.

The judges seemed concerned during oral arguments that allowing his suit to proceed would essentially allow the states to exempt themselves from whatever federal laws they might choose.

thehill.com



To: zeta1961 who wrote (101045)9/8/2011 2:40:36 PM
From: tejek  Read Replies (1) | Respond to of 149317
 
Coward....cynic in me says Boehner is just putting this out as a PR for himself....behind closed doors, he's probably championing dissing the prez....

I tend to agree with you. He waited to the last minute before making his 'plea'. The good news.........he's probably getting some pushback from constituents who don't like the attitude of the Rs playing hooky.

He won't give a response tonight....wonder why? He doesn't want his NO heard by the millions of people watching?

Of course.



To: zeta1961 who wrote (101045)9/8/2011 7:22:19 PM
From: bentway  Respond to of 149317
 
I think Boehner is keenly aware that the current disrespect shown by many of his members toward the president will not play well with the independents and crossover voters they need in a general election.