Health Care Reform's Legal Battle: Next-To-Last Stage Begins Tuesday

Source: Huffington Post

WASHINGTON -- Tuesday morning marks the next, and perhaps next to last, stage in a legal drama that will determine the fate of President Barack Obama's health care reform law.

The United States Court of Appeals for the Fourth Circuit will consider two separate cases, each pertaining to the constitutionality of the Affordable Care Act. The losing parties will appeal whatever determinations are made to the Supreme Court. But the fine print of Tuesday's three-panel decision could have major ramifications on the ultimate ruling, including, perhaps, laying down the legal and political framework for allowing the law to be dismissed or kept in place.

Underscoring the importance of the case, the Obama administration is dispatching Acting Solicitor General Neal Katyal to defend the law's individual mandate against accusations that it discriminates against religion and infringes upon state or individual rights.

Officials at the White House and in the Justice Department are, in private, cautiously optimistic about the dual cases, the first of which -- Liberty University v. Timothy Geithner -- will be argued at 9:30 a.m., the latter of which -- Commonwealth of Virginia v. Sebelius -- will begin immediately after.

Read more: http://www.huffingtonpost.com/2011/05/09/health-care-reform-legal-battle-final-stage_n_859690.html

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This is why I always argue that "Separation of Church and State" is illusory: In reality, Church suffuses State in this country.

since it appears unlikely that we will ever get the Constitution back in working order, enforced by the Executive Branch.

I'd love to read a legal memo on that.

And can they write an opinion so carefully crafted that even the SCOTUS demagogues and hypocrites (see Scalia, Thomas) can't subvert it and yet again the Constitution?

http://www.washingtonpost.com/national/constitutionality_of_obamas_health_care_law_to_be_reviewed_by_federal_appeals_court_in_va/2011/05/10/AFRs56eG_story.html

"Judges Andre Davis and James Wynn were randomly selected for the 4th U.S. Circuit Court of Appeals panel.

The third judge also is a Democratic appointee. Judge Diana Motz was named to the court by President Bill Clinton. Their names were posted on the court’s website Tuesday morning."