Who in the Administration came up with the bright idea to sent healthcare to the Courts in 2012

[bigdarryl]

Right smack in the election year.If the black robes knock it down as Unconstitutional it will be the biggest blunder ever in an election year

[rfranklin]

1. Are you sure it was the administrations idea?

I had the impression that it was the Republican governors who forced the issue.

[bigdarryl]

2. They just said it on Tweety's show saying they could have waited until 2013

and it was there idea to send it up to the Supreme Court in 2012 I wasn't aware of this myself

[awoke_in_2003]

7. I will take the republicans govs at their word....

NOT

[jeff47]

3. The White House doesn't set the calendar for the judicial branch. (nt)

[former9thward]

14. They wanted it fast tracked.

There are all sorts of procedural moves the Dept of Justice can use to speed or slow down an appeal. http://minnesota.publicradio.org/display/web/2011/09/29/obama-health-care-supreme-court/

[lastlib]

4. Several states sued the Administration.

It was not the Admin's idea to take to court.

[former9thward]

15. They could have slowed it down if they wanted.

http://minnesota.publicradio.org/display/web/2011/09/29/obama-health-care-supreme-court/

[movonne]

5. In my dreams I think maybe this is one of Obama's chest games...you

know ......When the SC knocks it down.. people of this country find out the horror of not having any health care they will demand health coverage for all..yeah right...

[awoke_in_2003]

8. puff, puff, pass. nt

[Control-Z]

6. Obama administration puts Affordable Care Act on SCOTUS fast track

http://www.dailykos.com/story/2011/09/27/1020743/-Obama-administration-puts-Affordable-Care-Act-on-SCOTUS-fast-track

[Bobcat]

9. Blunder?

Not necessarily a blunder. Read Frank Rich's NYT blog today...

[bigdarryl]

10. Nice article this verifies it was there idea to fast track this thing

[longship]

11. Separation of powers, ya know that Constitution thingy

No other comment necessary.

[Alexander]

12. The administration's lawyers should've argued that the fine is a tax, delaying a ruling until 2015.

In fact, that used to be the administration's position.

Instead, they changed their minds and argued the fine is not a tax, and the case can be decided in 2012. It also led to some legal contortions. As Alito pointed out, the Solicitor General argued on one day that the fine is a tax, only to come back and argue the next day that it isn't a tax.

Just say it's a tax, kick the can down the road until 2015 (when the first fines will be paid) and be done with it. That should've been the legal strategy.

[onenote]

19. Arguing it is a tax wouldn't necessarily have prevented the case from being heard

Yes, the administration could have made that argument. But that doesn't mean the courts would have bought it. Indeed, there is no reason to think that they would. Even Ginsburg seemed unimpressed with that argument. Were there things that the administration could have done to slow the case's progress through the courts? Probably so. But arguing that the individual mandate was a tax was not, in and of itself, one of those things.

[KharmaTrain]

13. It Was State AGs That Took It To Court...

The original plaintiff was Florida that originally took the case to a lower court which got passed up to the SCOTUS and they agreed to hear the case. The administration had zero to do with this. I'm sure they would have prefered the court had passed on it.

Tweety was refering to trying to pass Health care in a second term vs. a first one...where the 2013 line came in...assuming that the Democrats had retained control of both houses. Typical Tweety psychobabble...

[Arkana]

16. Um, why would it be the administration's idea?

They didn't file the court case.

[Hippo_Tron]

17. Becuase if Obama loses, it would inevitably be struck down with Romney's DOJ defending it?

And because Obama's re-election is going to have far more to do with where the economy is than what the Supreme Court decides on this case.

[fightforfreedom123]

18. It already has been pointed out

The Federal Supreme Court cannot.

The Federal Congress can.

Nice try.

[Liberal_Stalwart71]

20. I know that you're the "Gloom and Doom" DUer who often points the finger at the Obama

administration, but in this instance, you're off the mark.

26 states are suing the government over the ACA. The SCOTUS agreed to hear their case.