DJP Update 9-26-2011 BIG DEAL! DOJ didn’t appeal 11th circuit PPACA decision to entire 11th circuit: ONWARD to Supremes!

DJP Update 9-26-2011 BIG DEAL!  DOJ didn’t appeal 11th circuit PPACA decision to entire 11th circuit:  ONWARD to Supremes!

This is a big deal.  An appeal for the purpose of asking the entire 11th circuit  (en banc review) to rehear the majority decision of the 11th Circuit declaring the individual mandate unconstitutional had to be taken by deadline today.  It was not.

Florida, et al., v. Sebelius

Excerpt from 11th circuit decision August 12, 2011 on page 206:

“…the individual mandate exceeds Congress’s enumerated commerce power and is unconstitutional. This economic mandate represents a wholly novel and potentially unbounded assertion of congressional authority: the ability to compel Americans to purchase an expensive health insurance product they have elected not to buy, and to make them re-purchase that insurance product every month for their entire lives.”

It is my opinion that there is a 90% chance the U.S. Supreme Court will take up the case now that the circuits are split and the decision will be rendered at end of June 2012 or early July, thus prior to November 2012 elections.  If Department of Justice had asked entire 11th circuit to hear case then there would be delay and likely the decision would not make this upcoming session of the Supreme Court.

Background on court dates from Web:  “Traditionally, the Supreme Court’s annual term begins on the first Monday in October and continues with seven two-week sessions of oral arguments. Between the sessions are six recesses during which the opinions are written by the justices. Ordinarily, all cases are decided by the following June or July.”

Also see:

DJPNEWS Donald Palmisano

DOJ didn’t appeal #PPACA decision to entire 11th Cir. by dline. Thus 90% odds #SCOTUS decision July 2012 #hcr

NOTE:  This is the beginning of that WSJ article about this issue.  The link is in my tweet:

WASHINGTON—The Justice Department on Monday declined to ask a U.S. appeals court in Atlanta to reconsider its August ruling that declared part of last year’s federal health-care overhaul unconstitutional, a move that sets the stage for the Supreme Court to weigh in.
Department spokeswoman Tracy Schmaler confirmed that the agency didn’t ask the Atlanta court for reconsideration. She declined further comment.

P.S. I still think the final decision will be to declare entire law unconstitutional as explained in previous DJP Updates.

Stay well.

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