The Obama Administration wants to bide its time on its legal defense of health care reform. In a statement to reporters Thursday morning, spokeswoman Tracy Schmaler says the Department of Justice is opposed to calls -- by Republicans and some Democrats -- for an expedited Supreme Court ruling on the constitutionality of the health care law's individual mandate.
"The Department continues to believe this case should follow the ordinary course of allowing the court of appeals to hear it first so the issues and arguments concerning the Affordable Care Act can be fully developed before the Supreme Court decides whether to consider it," she says.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)The Justice Department said Tuesday that they'll appeal a federal judge's ruling that the individual mandate contained in the health care law is unconstitutional and said the case shouldn't head straight for the Supreme Court.
"We intend to appeal the district court's ruling in Virginia to the Fourth Circuit Court of Appeals," Justice Department spokeswoman Tracy Schmaler told TPM in a statement.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)The Virginia federal district court judge who ruled yesterday that the individual mandate in the health care bill is unconstitutional is catching a lot of flack -- and not just for having a financial interest in an anti-health care reform consulting firm.
Legal experts are attacking Judge Henry Hudson's decision on the merits, citing an elementary logical flaw at the heart of his opinion. And that has conservative scholars -- even ones sympathetic to the idea that the mandate is unconstitutional -- prepared to see Hudson's decision thrown out.
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