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BREAKING: FOURTH CIRCUIT KICKS BOTH AFFORDABLE CARE ACT CASES ON PROCEDURAL GROUNDS

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kpete Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-08-11 11:03 AM
Original message
BREAKING: FOURTH CIRCUIT KICKS BOTH AFFORDABLE CARE ACT CASES ON PROCEDURAL GROUNDS
Source: Think Progress

REAKING: FOURTH CIRCUIT KICKS BOTH AFFORDABLE CARE ACT CASES ON PROCEDURAL GROUNDS | The Fourth Circuit just handed down two opinions ordering that Virginia Attorney General Ken Cuccinelli’s challenge to the Affordable Care Act, along with another challenge to brought by Jerry Falwell’s Liberty University, both must be dismissed entirely on jurisdictional grounds. Judge Davis dissented from the Liberty University opinion to say that he would reach the merits and uphold the law. Today’s decisions are the first court of appeals decisions to dismiss a case for want of jurisdiction after a lower court reached the merits — potentially raising the possibility that one or more of the justices could agree with them and prevent this constitutional question from being decided on the merits until after 2014.

Read more: http://thinkprogress.org/justice/2011/09/08/314654/breaking-fourth-circuit-kicks-both-affordable-care-act-cases-on-procedural-grounds/
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SpiralHawk Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-08-11 11:05 AM
Response to Original message
1. "This case is a pack of whackdoodle right-wing claptrap against America." - The Judge
Edited on Thu Sep-08-11 11:09 AM by SpiralHawk
"More of the same old shit from you right-wing fear-and-hate SuckerPuppets Against America (R). Just STFU and go back to your ugly mythical totalitarian Homeland -- far, far away from these United States of America."

- The Judge
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MineralMan Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-08-11 11:16 AM
Response to Reply #1
2. Good!
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SpiralHawk Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-08-11 11:29 AM
Response to Reply #2
3. What America needs is more justice
not more of the republicon greedhead "just us"
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alc Donating Member (649 posts) Send PM | Profile | Ignore Thu Sep-08-11 11:38 AM
Response to Original message
4. this needs to get to the supreme court as soon as possible
Throwing it out on procedure isn't something to celebrate (even though 2 judges thought it was ok on merit). Until the SC has ruled, states and businesses will be putting off implementation. 2014 will be a complete disaster if this isn't decided with enough time for states and businesses to implement it properly.
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Schema Thing Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-08-11 03:52 PM
Response to Reply #4
6. lol. No they wont.

They will follow the law and implement it.
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jpbollma Donating Member (68 posts) Send PM | Profile | Ignore Fri Sep-09-11 11:50 AM
Response to Reply #4
7. The Feds
will step in and implement if the states don't. And that's assuming Democrats have any of the houses of congress or the presidency by that time.
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SoapBox Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-08-11 11:42 AM
Response to Original message
5. Good....
Every moment that cases are dismissed, is time for the law to come to fruition.

Companies are indeed gearing up for this. There was a very recent article, talking about
how companies like CVS / Rite Aid / Target are adding HUNDREDS of in-store clinics, ALL in preparation
for the new law to fully begin in 2014.

The reason? There will be MILLIONS more that will be covered and it said that general
doctor offices are doing nothing to prepare for the expansion, so the drug stores, etc. are doing it.
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No Elephants Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-09-11 11:53 AM
Response to Original message
8. Sounds like Liberty's law professors did the legal work.
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