Wednesday, March 16, 2011

Michelle Malkin » White House Tells Supreme Court to Stay Away from Obamacare

Michelle Malkin » White House Tells Supreme Court to Stay Away from Obamacare: "Senator Schumer is pretty sure that the Supreme Court is not one of the equal but separate branches of government, so as such it’s possible that Chuck’s advised the White House that they have the power to tell the Supreme Court what to do:

The Obama administration told the Supreme Court on Monday night it should stay away from a high-profile challenge to the 2010 health care law until after a lower court has had a chance to review the case.

Acting Solicitor General Neal Katyal wrote, “there is no basis for short-circuiting the normal course of appellate review.” Katyal also says Virginia Attorney General Ken Cuccinelli’s case is problematic because he may lack sufficient standing to challenge the health care law.
[...]
In his filing last month, Cuccinelli said there’s a “palpable consensus” that the high court will ultimately have to pass judgment on the merits of President Obama’s health care law and should do so without delay. Furthermore, Cuccinelli argues that his case involves “pure issues of constitutional law” that appellate judges on the Fourth Circuit U.S. Court of Appeals will be unable to definitively resolve."

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