- Feb 27, 2010
Some observers are shocked by the difference in the questions asked of the lawyers on both sides. The defenders of Obamacare take searching questions from the Republican appointed judges, the opponents get perfunctory treatment.5th Circuit panel yesterday sound like they could uphold ruling striking down Obamacare law.
When it gets to SCOTUS will Roberts save the ACA again?
The model of the Courts as the 3rd Legislative Chamber has really caught on among Republicans. Incidentally, it is a view CJ Roberts rejects in public.
For example, the two Republican Judges on the panel have even questioned Congress' standing to make the appeal. If Congress has no standing, then in theory this could happen ...
- Congress passes a law.
- A future president doesn’t like it, so he refuses to defend it in court.
- A crackpot district judge then declares the law unconstitutional. This affects the entire country.
- There is no appeal. Finis.
That is more lunatic than anything that ever came out of the liberal 9th circuit. But, if it happens, "Constitutional Conservatives" will go along - I mean, it guarantees the courts will just follow their agenda for what laws should be enforced, and which should not, no matter what the people and their representatives voted for.
In any event, Obamacare's insured will not be protected by these judges. Hopefully, it will make it to the Supreme Court in time for the 2020 elections.