DJP Update 9-8-2011 Fourth Circuit Ct of Appeals dismisses PPACA suit for lack of standing; Time for Supreme Court! – Lagniappe
Now we have heard from the Sixth Circuit (2-1 say PPACA constitutional); Eleventh Circuit (2-1 say individual mandate unconstitutional) and today the Fourth Circuit (Dismissed for lack of jurisdiction).
Thus conflict in appellate courts and U.S. Supreme Court doesn’t allow that so the case will go to U.S. Supreme Court. I predict it will be heard in next session of Supreme Court and we will know decision by end of June or sometime in July 2012. And now I repeat myself: individual mandate and most likely entire PPACA (lack of severability clause) will be ruled unconstitutional. Time to move on to U.S. Supreme Court. Uncertainty is destroying practice of medicine. That is my opinion.
Avik Roy Column in Forbes
“Breaking: 4th Circuit Rejects Two Obamacare Challenges on Procedural Grounds”
Today, the U.S. Court of Appeals for the Fourth Circuit has rejected two Obamacare constitutional challenges, on the creative premise that the individual mandate is a tax, and that the Anti-Injunction Act requires that a tax already be implemented in order for plaintiffs to have standing to sue on the basis that a tax is unconstitutional.
Up to this point, every single court that has ruled on the Obamacare challenges, whether led by Republican or Democratic appointees, has agreed that the individual mandate in PPACA is a penalty, not a tax. So it will be interesting to read the opinions in Virginia v. Sebelius and Liberty v. Geithner (which I’ve uploaded to this blog) to see how the judges justified this approach. The judges also write that, even if the plaintiffs had had standing to sue, they would have upheld the mandate.
The three judges who ruled on the case were all Democratic appointees, including two by President Obama: Diana Motz of Baltimore (Clinton), Andre Davis of Baltimore (Obama), and James Wynn of Raleigh (Obama).
I’ll have more thoughts after I’ve read the opinions.
——— End of his article.
Opinions in both cases at:
Click on the case number in blue at the link above and you will go to opinion.
102347.P Liberty University v. Timothy Geithner (Motz 09/08/2011) Published opinion after argument, issued in manuscript form: Vacated and remanded Civil U.S. (WDVA Moon)
“Accordingly, we must vacate the judgment of the district court and remand the case with instructions to dismiss for lack of jurisdiction.”
111057.P Commonwealth of Virginia v. Kathleen Sebelius (Motz 09/08/2011)
Published opinion after argument, issued in manuscript form: Vacated
Civil U.S. (EDVA Hudson)
“For the reasons that follow, we hold that Virginia, the sole plaintiff here, lacks standing to bring this action. Accordingly, we vacate the judgment of the district court and remand with instructions to dismiss the case for lack of subject-matter jurisdiction.”
Note the long list individuals and organizations named in Amici Curiae who support and oppose PPACA.
Amici supporting Appellant are for PPACA;
A few of the many listed include:
AMERICAN HOSPITAL ASSOCIATION; ASSOCIATION OF AMERICAN MEDICAL COLLEGES; CATHOLIC HEALTH ASSOCIATION OF THE UNITED STATES; FEDERATION OF AMERICAN HOSPITALS; NATIONAL ASSOCIATION OF CHILDREN’S HOSPITALS; NATIONAL ASSOCIATION OF PUBLIC HOSPITALS AND HEALTH SYSTEMS; FAMILIES USA;AMERICAN MEDICAL STUDENTS ASSOCIATION; AMERICAN MEDICAL WOMEN’S ASSOCIATION; SERVICE EMPLOYEES INTERNATIONAL UNION; SOME STATES INCLUDING CALIFORNIA, HAWAII; etc.
Amici supporting Appellee are opposed to PPACA.
A few of the many listed include: AMERICAN PHYSICIANS AND SURGEONS; PHYSICIAN HOSPITALS OF AMERICA; MULTIPLE FOLKS IN CONGRESS; ETC. Read the entire list yourself.
LAGNIAPPE: Two tweets I did today about government and medicine in other countries:
DJPNEWS Donald Palmisano — found at www.twitter.com/DJPNEWS
Another problem of gov in medicine is June 2011 story: “Doctors’ strike cripples Israeli medical system” tinyurl.com/3sdsdf7 #hcr
2 hours ago
DJPNEWS Donald Palmisano
Gov med in Britain: “GPs TOLD: RATION CANCER SCANS” – Dr Gerada, Chair Royal College GPs upset; http://tinyurl.com/3nqknpj #hcr
2 hours ago
And so it goes in this great land of liberty! Keep the faith. Better days ahead.
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