The arguments the DOJ has put forth in defense of the individual mandate have been all over the place, but Obama’s lawyers have been very consistent in one area—they stall and delay at every opportunity. They know they have a weak case, so they want to put off their date with the Supreme Court as long as possible.
The latest stall tactic has been to request an extension on the time they have to answer the petition filed by the Thomas More Law Center asking the Court to strike down the recent 6th Circuit ruling that upheld the individual mandate. And it appears that the Court has again abetted the DOJ’s delay tactics:
A new entry has just appeared on the electronic docket at the Supreme Court for case number 11-117, Thomas More Law Center v. Obama: “Order extending time to file response to petition to and including September 28, 2011.” This is big news, in the sense that it delays for another month the unveiling of the government’s specific strategy.
The Court has already let the DOJ off the hook by denying Virginia’s request for expedited review of its Obamacare lawsuit. And the Supremes still appear to be giving the Obama administration more deference than it deserves, considering that the President went out of his way to insult the justices in his first SOTU.
Meanwhile, Jennifer Rubin has a good post on the various machinations that may occur in Florida v. HHS, the case in which the 11th Circuit Court of Appeals recently struck down the mandate. I’m betting the Obama DOJ will pull more procedural skulduggery to buy as much time as it can buy.