I predicted a victory in the 11th Circuit for the 26 States lining up against Obamacare and in the 4th Circuit Court where a verdict is expected any day. Both of these 3 judge panels were stacked “randomly” with more judges appointed by Democrats then by Republicans. At first blush, the “fix” would appear to be in. These 3 judge panels in the 11th and the 4th have a majority Democrat Appointed makeup. It would make sense that they would rule in favor of the Democratic president.
As I said a couple of months ago in a post about the Virginia case in the 4th US Court of Appeals, the Obama administration is well aware that Obamacare will most likely be killed by the Supreme Court. Even if Justice Elena Kagan fails to recuse herself, as she should do, the vote will not be in favor of Obamacare and the unconstitutional mandate.
This is the reason that the Obama administration is dragging the out. The hope is that the law will become so expensive to back out of that the major provisions and the framework to Socialized Medicine that they are setting up will prevet the law from going away despite the constitutionality – or unconstitutionality. The longer this drags out, the more tentacles wrap around the medical profession.
The reason I predicted that the Democrat appointed judges would make sure the law is found unconstitutional is the fact that the loser – in this case Obama – gets to decide the next venue. This case can now move on to the Supreme Court, where a near certain finding of unconstitutional awaits, or the Obama Administration can decide to put the question before the full Appeals Court – which will delay the final ruling by the Supremes until after the full Appeals Court decision is rendered. Had the Democrat Judges ruled in favor of Obamacare, there is no doubt that the case would be immediately appealed to the Supreme Court.
Now the next move is up to Obama and Eric Holder. Somehow, it is doubtful that the case will be fast tracked and the appeal will be to the full appeals court.
We will now hear from the 4th Circuit, where the Democrat majority judges are most likely under tremendous pressure to help Obama delay the inevitable by ruling against Obamacare.
Not much is certain in this case, but should the 4th Appeals Court hand Virginia a loss in their case, there is a 100% chance that Virginia’s Rock Star Attorney General Ken Cuccinelli is going to shun an appeal to the full Appeals Court and go straight to the Supremem Court. He has already files motions to skip the lower courts, where the rulings are nearly meaningless – these cases are going to SCOTUS, no doubt at all.
I will further predict that the Obama Administration will appeal to the full court in the 11th.They want to play keep-away.
Delay. Delay. Delay.