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Obama
administration lawyers face a decision by Monday that carries a high
political risk and will probably determine whether the Supreme Court
decides on the constitutionality of the healthcare law before next
year's presidential election.
The Justice Department could ask
the full U.S. 11th Circuit Court of Appeals in Atlanta to reconsider a
2-1 decision in August that declared the law's mandate that all
Americans must have health insurance unconstitutional. But seeking the
full court review could take weeks, or even months, and probably push
back a Supreme Court ruling until 2013.
Or government lawyers could opt to skip the full review in the lower
court and appeal directly to the Supreme Court this fall. That in turn
will probably lead to a constitutional ruling on President Obama's healthcare law by
next summer.
Under the appeals court's rules, the Justice Department must notify the
11th Circuit by Monday whether it will seek a full court review.
"My sense is the administration is confident the Supreme Court will
uphold the law," said former Solicitor General Walter Dellinger. "I
think they want a decision as soon as they can get one."
[Full]
I
don't think I'm close to overstatment by saying the fate of our union
hinges on this decision. If Obama wins, Democrats will by extension and
precedent have no curbs whatever on future laws making.
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I don't
think I'm close to overstating by saying the fate of our union hinges
on this decision. If Obama wins Democrats will by extension and
precedent have no curbs whatever on future laws making.
|
|