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The case will get to SCOTUS. The SCOTUS it gets to will be the same one that is sitting today. There is exactly nothing to be gained by delaying the inevitable.
So the only conceivable reason for opposition to skipping the Appeals Court is that it is the Appeals Court itself that the DoJ wants to get into the mix. It's not about "buying time," its about getting another decision on record before the case gets to the Supremes.
He is buying time, bent on enacting as much of obamacare as possible before it reaches SCOTUS.
He could have invoked rule #11 I believe, asking SCOTUS to review the ruling directly. I believe Judge Vinson gave him either option.
No, Virginia's Attorney General Ken T. Cuccinelli (Republican) has requested it. I would be curious to know the excuse he used for the need to expedite and bypass the normal procedures.
Awesome, sweetie.
Why have the case drag out for a couple years? Why have the states spend money on a law that hopefully will be ruled unconstitutional? We KNOW why obama wants to drag it out. He know it will be more difficult if states have already started enacted portions of the law, much more difficult to roll back. He is a slimy snake oil salesman, this is just another way to slither in the most unpopular piece of legislation...ever.
Luckily, it will STILL be front and center for 2012, just as it was for 2010.
Quote:
Originally Posted by Jill61
Way to COMPLETELY MISREPRESENT what's happening. Though I shouldn't be surprised.
The Supreme Court normally takes cases only after they've been reviewed at least once by appellate judges.
Virginia Attorney General Ken Cuccinelli is trying to CIRCUMVENT THE PROCESS by skipping over that part and going straight to the Supreme Court.
Are you always this wrong? Judge Vinson gave obama the option of going to the appellate court OR going directly to SCOTUS. You see, there IS a rule that justifies it.
Rule 11 of U.S. Supreme Court procedure allows parties to skip lower courts and ask for immediate Supreme Court review, but the court grants such requests only upon a showing that the case is of "such imperative public importance" that it requires changing normal procedures.
I ignored the rest and only responding to this because I dont respond to childish attacks..
You are flat out wrong.. Everytime a court hearing hits a new level, the court case begins new. Previous rulings are NOT taken into consideration as evidence.. The Supreme Court, (or any court) is forbidden from taking evidence into account that is not submitted during hearings or in their briefs.
Appellate cases are not reboots of the trial case. As you accurately state above, an appellate court is limited in what it can do with the record before it. It cannot accept new evidence (unless the case comes back on remand back down to the trial court), it cannot accept testimony. It is confined to the record before it, the record from the trial court below, period.
Previous rulings ARE NOT EVIDENCE. They are the law of the case, and since it is them that is under review, they damn sure do take them into account, whether they find them in error or not.
You should probably get more familiar with the vocabulary of the law.
Not all appellate cases involve a de novo review of the whole case.
1- Why do you assume following normal procedures would be "dragging out"?
2- Do you not understand that one side can demand expedited processing, ignoring normal procedures, while the other side can demand following normal procedures?
Quote:
Originally Posted by Arjay51
What, other than the court ruling against it, the delay of this case?
Which court? You are at least aware that this is about proceedings in the Supreme Court, right?
The DEPARTMENT OF JUSTICE filed a brief in response to a request to expedite made by the opposing attorney. Their response points out that skipping lower courts and the thoughtful opinions of lower appeals courts is to short-circuit the legal process. Barring an emergency, we haven't done that in the past, and there is no need to do it now. The Supreme Court justices will review the application by Virginia's Attorney General, and the brief filed against that application by the DEPARTMENT OF JUSTICE, and will make up their own minds.
Isn't the department of justice headed by and filled with Obama appointees? Make up their own minds and act indepentently? Not so much.
There is no irony except you trying to compare apples and oranges.
Obama has the right and the authority to decline to spend DOJ resources in defending DOMA. That doesn't stop anyone else from taking up the sword and lance and charge at all the windmills they like.
Obama has the RIGHT to ASK to SCOTUS to delay trial. The SCOTUS can agree or turn him down, it's up to them.
Two completely different contexts, two completely different standards.
So you are saying that Obama did ask for a delay while the other liberals are saying that it was not his request? Lose you place in the playbook?
So you are saying that Obama did ask for a delay while the other liberals are saying that it was not his request? Lose you place in the playbook?
No, I am saying Obama asked for a regular schedule instead of the expedited schedule proposed by the petitioners.
Technically speaking. But it is more or less the same as asking for a delay.
All of which amounts to a large steaming pile of so the **** what.
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