Skip to main content

Obama's good luck continues!  The 4th circuit appellate panel has been picked to hear the appeal of The Affordable Health Care Act, and it's a great one for Team Blue:

* Judge Diana Gribbon Motz, appointed by President Clinton.

Motz is no Stephen Reinhardt, but she is relatively liberal, at least for a Democrat on the Fourth Circuit. Among her more famous rulings, she voted to reverse a district court decision that had ordered an end to school busing for desegregation in Richmond, and she held in the al-Marri case that the President could not declare civilians legally residing in the United States to be "enemy combatants" and hold them in military detention indefinitely. She did author the opinion ruling against the government in United States v. Comstock, however, a case concerning federalism and, specifically, the breadth of the Necessary and Proper Clause.

* Judge Andre Davis, appointed by President Obama.

Again, indications are that he is a relatively liberal judge, at least for the Fourth Circuit (though I concede the term is a bit crude in this context). One example: United States v. White, 620 F.3d 401 (CA4 2010), in which he held (over a dissent from Judge Niemeyer) that it was an unconstitutional deprivation of liberty to force a prisoner to take anti-psychotic drugs.

* Judge James A. Wynn, appointed by President Obama.

Same general liberal lean, at least based on what we know. Consider Legend Night Club v. Miller, 2011 WL 541136 (CA4 2011), in which Judge Wynn invalidated a Maryland statute that effectively prohibited adult entertainment establishments from selling alcoholic beverages at their clubs. Writing for the court, Judge Wynn held that the statute was subject to intermediate scrutiny under the First Amendment, and that it was unconstitutionally overbroad. Judge Clyde Hamilton--a G.H.W. Bush appointee, now on senior status--dissented.

The Virginia Attorney General suing the government must be feeling pretty nauseous right now.  All three judges are Democratic appointments, and two by Obama himself!  Obama rolled lucky sevens on that one!  As the writer of the ACA Litigation Blog noted:

This could not have turned out much better for the United States and General Katyal.

Of course, nothing is a done deal... We certainly could lose this case. These judges are not ultra liberal, by any means.  Who knows how they may be swayed, but it's certainly the best group we could have hoped for.  It puts us in great starting position for the case ahead!  It's amazing that the random bouncing balls (used to pick judges to sit on cases) could have drawn up three Democratic appointees at once!   Obama should go to Vegas and play some Roulette while he's on a roll!

Source:  The ACA Litigation Blog


What would you recommend to ease Cuccinelli's sick stomach?

1%2 votes
0%0 votes
0%1 votes
0%1 votes
34%37 votes
62%67 votes

| 108 votes | Vote | Results

Your Email has been sent.
You must add at least one tag to this diary before publishing it.

Add keywords that describe this diary. Separate multiple keywords with commas.
Tagging tips - Search For Tags - Browse For Tags


More Tagging tips:

A tag is a way to search for this diary. If someone is searching for "Barack Obama," is this a diary they'd be trying to find?

Use a person's full name, without any title. Senator Obama may become President Obama, and Michelle Obama might run for office.

If your diary covers an election or elected official, use election tags, which are generally the state abbreviation followed by the office. CA-01 is the first district House seat. CA-Sen covers both senate races. NY-GOV covers the New York governor's race.

Tags do not compound: that is, "education reform" is a completely different tag from "education". A tag like "reform" alone is probably not meaningful.

Consider if one or more of these tags fits your diary: Civil Rights, Community, Congress, Culture, Economy, Education, Elections, Energy, Environment, Health Care, International, Labor, Law, Media, Meta, National Security, Science, Transportation, or White House. If your diary is specific to a state, consider adding the state (California, Texas, etc). Keep in mind, though, that there are many wonderful and important diaries that don't fit in any of these tags. Don't worry if yours doesn't.

You can add a private note to this diary when hotlisting it:
Are you sure you want to remove this diary from your hotlist?
Are you sure you want to remove your recommendation? You can only recommend a diary once, so you will not be able to re-recommend it afterwards.
Rescue this diary, and add a note:
Are you sure you want to remove this diary from Rescue?
Choose where to republish this diary. The diary will be added to the queue for that group. Publish it from the queue to make it appear.

You must be a member of a group to use this feature.

Add a quick update to your diary without changing the diary itself:
Are you sure you want to remove this diary?
(The diary will be removed from the site and returned to your drafts for further editing.)
(The diary will be removed.)
Are you sure you want to save these changes to the published diary?

Comment Preferences

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site