The Other McCain

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SCOTUS ObamaCare Update: Expect Update

Posted on | April 18, 2011 | Comments Off on SCOTUS ObamaCare Update: Expect Update

by Smitty

After an exciting day watching the paint dry, awaiting word of the whether the SCOTUS would allow a bypass of the 4th Circuit on Virginia’s ObamaCare suit. . .nothing happened. Via email from my rock star State AG Cuccinelli:

The Supreme Court did not make an announcement today on whether or not it was going to expedite the case. Instead, they relisted the case on their docket for this Friday, April 22nd.

What does that mean?

It means that they haven’t rejected our request – yet. Remember, requests to expedite are infrequently granted. However, it also probably means that one or more of the Justices want more time to consider the question.

It also means that there appears at least to be interest in the petition at the court, which is itself encouraging. If my numbers are right, over 90% of petitions addressed in these conferences are summarily rejected because no Justice has any interest in them. So, the fact that the Justices didn’t summarily dismiss our petition is itself interesting and at least modestly encouraging (hopefully not in the vein of what your mother told you growing up: “the worst thing they can do is ignore you”… of course, my mother has never filed a petition with the Supreme Court).

Generally speaking, we would expect an opinion issued Monday the 25th; however, it is Easter weekend, so I don’t know if that will have an impact on timing, but I’ll let you know as soon as we find out!


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