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March 10th, 2011
By Dan Miller
On March 8th the federal government, in compliance with an order issued by Federal District Judge Vinson in Florida on March 3rd, filed a notice of appeal with the Court of Appeals for the 11th Circuit. Prior to that March 3rd Order, the federal government had been in rather obvious non-compliance. As required by Judge Vinson’s Order, the government requested expedited consideration.
The constitutionality and implementation of ObamaCare are at stake and along with them the questions of how the states and federal government should proceed until the entire matter is eventually resolved. The plaintiffs (twenty-six states) and perhaps also the defendant (the U.S. Government) should promptly ask the Court of Appeals to certify to the Supreme Court the questions of the constitutionality of ObamaCare’s mandatory insurance provisions and, should the Supreme Court find those provisions unconstitutional, whether they can be severed from the remainder.
The Rules of the Supreme Court provide in relevant part,
1. A United States court of appeals may certify to this Court a question or proposition of law on which it seeks instruction for the proper decision of a case. The certificate shall contain a statement of the nature of the case and the facts on which the question or proposition of law arises. Only questions or propositions of law may be certified, and they shall be stated separately and with precision. The certificate shall be prepared as required by Rule 33.2 and shall be signed by the clerk of the court of appeals.
2. When a question is certified by a United States court of appeals, this Court, on its own motion or that of a party, may consider and decide the entire matter in controversy. See 28 U. S. C. §1254(2).
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