Last year, Judge Henry Hudson ruled that ObamaCare’s individual mandate was unconstitutional, and the Obama DOJ appealed. Today, the appeal was heard by 3 judges of the 4th Circuit Court of Appeals, Judges Davis, Motz and Wynn.
All were appointed by Democrat presidents. Judges Davis and Wynn were appointed by none other than President Obama and Judge Motz was appointed by President Clinton. Make you a feel little queasy? It should:
Some of the questions directed [by the judges] toward the federal government seemed designed more to figure out how to write an opinion upholding the individual mandate, rather than whether to uphold it.
Obama’s lawyers also got a friendly hearing from Obama’s judges for their claim that Virginia has no standing to bring the suit. Virginia’s claim to standing is based on the Health Care Freedom Act.
This is the legislation passed by the Old Dominion’s General Assembly in early 2010 saying that no Virginian can be compelled purchase health insurance coverage, not even by the federal government.
Acting Solicitor General Katyal encountered very little resistance to his argument that Virginia’s Health Care Freedom Act did not provide the Commonwealth with standing to challenge the individual mandate.
I don’t think we need Nostradamus to tell us where this is going. The Democrat judges of the Fourth Circuit will rule that Virginia has no standing and that the mandate is constitutional.
Then, Virginia will appeal the case to the Supreme Court, which refused just a few weeks ago to take it early. Meanwhile, ObamaCare metastasizes.
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