Federal appeals court appears likely to uphold health care law

CBS

The Obama Administration got a huge break in the Richmond-based federal appeals court that will hear Virginia's challenge to the health care reform law later this morning.

Although the full court is evenly split between Republican and Democratic appointees, the three-judge panel that will hear the case today (chosen randomly by computer) is entirely Democratic. Two of the judges are Obama appointees, and one is a Clinton appointee.

Va. appeals court hears health care challenge

That means it's highly likely this court will uphold the health care law, because the rulings in the lower courts have closely tracked the judges' judicial ideology. Conservatives have struck down the law; liberal judges have upheld it.

Of course, health care is eventually expected to be resolved by the Supreme Court (and swing vote Anthony Kennedy). The Virginia attorney general will take this case straight there next.

In many ways though, today's developments in Virginia make the BIG challenge to the health care reform law, coming out of Florida with more than half of the states on board, even more significant.

That challenge will be heard next month in an Atlanta-based federal appeals court. With the Virginia case now seeming like a slam dunk for the administration, opponents will need a good opinion (either a majority or dissent from a respected judge) out of the 11th Circuit as this issue goes into the Supreme Court.

Not only will that increase the chances the Court will actually take this case, but it also would give moderates like Kennedy more comfort if they are leaning toward striking down this law.

[abbe91]

"by jwilwade May 10, 2011 4:30 PM EDT
Only in America could something this rotten be legal. The computer was fixed obviously because if the court is evenly split you would have more chances of winning the state lottery 100 times in a row then for the computer to pick only democrats."

The comment of the day. Assuming the full court is evenly split, the probability to have 3 judges from the same side is 25%. 12.5% for only democrats. I guess it's time to play the state lottery.

[simpleconservative]

Funny how predictable supposedly unbiased and impartial justices can be. This round will be a sham but at least the libs can put forth their best arguments for this unconstitutional legislation. It will be grist for the mill when the case reaches the Supreme court!

[noloyalisti]

I wish they would throw this health plan out and then put in single payer universal health care (Medicare for all) like they should have done in the first place.

We have had greedy insurance companies and their Republicon corporate slaves literally get away with murder for too long. They don't provide health care and just take obscene profits away from the taxpayers as they run their death panels.

[MurdochSucks]

I agree, the Dems were a bunch of p@ssies and didn't do the right thing. Their health care reform was more like a Republican pseudo-solution to the problem.

[reluctantzealot]

Medicare is bankrupt... and you want it for everyone?

[AnneNYHI]

The health care reform is a very good plan. But it's ambitious. It promises to solve our health care problems which is good but I doubt if we can afford this. Imagine adding more sick people to the system. Even with the mandate, I am not confident that we can actually afford all its good provisions.

Anne C
NY Health Insurance

[retm-w]

Hey Anne C, how's that 50% cut in commission working out for you

[MurdochSucks]

Good points, Anne, however, the more people you have in the system, the less it costs per capita. You know that already being in the Health Insurance business. You spread the cost of the sick among all recipients and it cuts costs for all.

[reluctantzealot]

Well one thing about it, at least this article recognizes the partisan bias in how liberal judges rule. They know that the judges won't base their decision on the rules of law, but on how they want to legislate from the bench. It's a forgone conclusion that they won't consider the legalities of the bill but only their own personal feelings about the issue. If democrats had their way they would just tear up the constitution because they don't see it as a guideline to follow but an obsticle to overcome. The will destroy all that makes America great and lead us to down the same path of ruin that every other "elite governed" country has gone down.

[Cru09]

I've seen your stance across many articles. Liberalism is your boogeyman.

[MurdochSucks]

zealot, this bias is not exclusive to liberal judges. Look at rulings of the Republican Supreme we got from Bush. It's been all corporate control all the time with them around (while they take bribes from Koch Industries). Don't be fooled in thinking our justices are anything more than a political charade.

[Smokey75]

What a great title for an article "Federal appeals court appears likely to uphold health care law" especially since the only basis for this headline is the three judges were democratic appointed.

This should bother all Americans whether you are left or right. Shouldn't court cases be decided on rule of law not political ideology? If you go by this standard then it is a slam dunk the law will be shot down in SCOTUS then because according to the whining liberals the SCOTUS is majority conservative.

Since we know how this court is going to rule why are they wasting tax payer money in this court why did the Obama administration oppose the fast track to SCOTUS? I guess it is just in the liberal DNA to waste tax payer money.

[dzaffina]

by Smokey75 May 10, 2011 2:39 PM EDT
This should bother all Americans whether you are left or right. Shouldn't court cases be decided on rule of law not political ideology?
Not only do we have Republican-appointed Supreme Court justices using their offices to promote ideological political agendas, but also hiding their politically-funded income from public view.

Antonia Scalia is the latest to cross the line with an announcement that he plans to address the Tea Party Caucus in the House of Representatives. The New York Times Editorial Board accused Scalia of becoming a "Justice from the Tea Party," for his planned participation in their caucus seminar. This isn't Scalia's first breech of court practices.

Scalia also spoke at a Koch Industries retreat, sponsored by two billionaire brothers with a history of supporting extreme right-wing positions that promote libertarianism, pollution, deregulation of all markets, abolition of income taxes, as well as sponsoring attacks on climate change theory. The Koch brothers are well-known financiers of right-wing groups such as the Tea Party and benefactors of a recent Supreme Court decision.

The allegations against Scalia drew attention when Common Cause, a liberal advocacy group, raised questions about the participation of Scalia and Justice Clarence Thomas in last year's Citizens United Supreme Court decision allowing corporations to spend unlimited amounts of money on political campaigns, thus overturning years of judicial precedent.

Normally when judges are personally involved in cases before the court, they recuse themselves, because they cannot give an unbiased opinion when they have a conflict of interest. Supreme Court Justices are legally exempt from this requirement, but few justices push their involvement with extremists as Scalia and Thomas have.

Thomas's breaches of judicial ethical practices are worse. Thomas's wife received almost $700,000 from the Heritage Foundation, a think-tank dedicated to pushing a conservative agenda that attacks welfare, taxes, government regulations, civil rights, social security, unions, and various forms of government assistance.

Additionally, Ms. Thomas founded Liberty Central, a radical Tea Party group dedicated to ousting Obama and defeating health care reform, and received $550,000 from the group. She refuses to disclose who provided the funds, raising the question that the money could be used to influence Thomas's decisions in Court cases.

[Guitfiddel]

We should give the tax breaks to the billionaire TOP 2% and the Oil Companies like the wonderful Republicans are doing along while vilifying public employees because they have pensions and making the big$$$ payouts of sometimes 30K-40k a year! The top 2%, the oil companies and insurance pimps shouldn't be bothered with things like taxes and deficits! That's why we go to work every day. They need their money more than we need ours! Let those senior citizens ask their neighbors for health-care with the vouchers when they can't afford it! Why waste money on them if they're going to kick anyway! That's the Republican Right Wing Tea Party WAY!! (stupid heartless)

[Guitfiddel]

Na, Na Na-nana! You can't stop us! OBABMA 2012!! YEAH BABY! EAT DUST!! The idiots you voted for (Republicans) couldn't even catch Osama bin Laden and they had TEN YEARS! President Obama caught him in a quarter of the time without torture! Your idiot administration was too busy screwing up the economy and letting our kids get blown up over some stupid OIL. So, what makes you think that they have the brains to really do anything else besides ruin the economy like they did before and what they are trying to do now?

[DJ_The_American]

And even Obama said he was not sure he was there, he took a gamble. He won. So sit down and shut your mouth So tell me if Bush did not do anything, why did Obama give him credit in the 60 minuets interview.

[Guitfiddel]

I will sit down and type this blog "DJ" and I usually keep my mouth shut when I'm typing. OK...The Bush administration has done many things. Let's see...besides allowing us to be attacked on our own soil he TOLD AN OUTRIGHT LIE about Weapons of Mass American Deception, got a lot of our kids sent home in body bags because of that while depleting our SURPLUS by giving TAX BREAKS to the top 2% and oil companies while our factory and industry jobs were being outsourced to other countrie...Oops! RECESSION! Now who would have ever thought? Obama gave Bush credit out of graciousness as STUPIDO said himself> "Mission accomplished in Iraq" then>> "I don't know where he (Osama) is and I really don't care because he's NOT A PRIORITY TO ME (hell with all the families that lost loved ones) right now". Did Obama say anything about that?

[Guitfiddel]

I think it's great! We should of had this kind of Healthcare a long time ago!

[DJ_The_American]

I think the idea is great, I think the program needs a lot of work.

[slatep]

This is just one more example of how corrupt our Justice system and how little Obama, Congress and the Senate care about what the people of the United States want.

I am so fed up with the government and all the chaos they have created I am almost physically ill.

If they are really interested in the health of the people of this country, they need to put an end to all this monkey crap.

When Bush created the Medicare-Medicaid drug program, he said it would not cover tranquilizers or mood altering medications , because so many people are taking them; they would not be able to cover the cost.

I WONDER WHY.!!!

[jimbom121]

I hope you heav ehalth insurance...as you are becoming physically ill. But I have no idea what you post has to do with the article.

[tsigili]

Is anyone else getting the feeling we have a dictatorship in this country????

[forsanity1]

No. We do not.

But I imagine you'd be mighty fine with a neo-conservative one!

[doctor_know]

Nope, you are just a sore loser.