Do you think Governor Bob McDonnell is perhaps just slightly perturbed at the Obama administration’s Department of Justice today? Here’s the entirety of his statement, released in the last hour, opposing DOJ’s brief opposing an expedited appeal of the health care lawsuit directly to the U.S. Supreme Court (and skip over the two U.S. Courts of Appeals that will hear the feds’ appeals in the Virginia and Florida cases). It’s terse and Hh doesn’t sound too happy:
I am extremely disappointed by the Obama Administration’s brief opposing Virginia’s request for an expedited review of pending federal healthcare lawsuits. The request for expedited review is one strongly supported by the majority of our nation’s governors. It is a common sense request to provide critically needed certainty and finality to this ongoing issue. The petition to oppose expedited review is detrimental to the federal government, the states, employers and families. The Administration’s opposition to this request is irresponsible and indefensible. A litigation process potentially taking years to resolve is bad for America, and will potentially cost the states tens of millions of dollars. To say to medical providers, business people, insurers, governors and ordinary citizens that costly litigation and delay is preferred over prompt finality is an affront to the common sense of the American people. Everyone knows that the case involves clear issues of constitutional law, which will be settled only in the U.S. Supreme Court. After a huge Democratic party rush to pass the bill on Christmas Eve, there now appears to be no sense of urgency from the Obama Administration to find out if the measure is constitutional. It is our continued hope that the U.S. Supreme Court will consider and grant expedited review as permitted by the rules of court for cases of such historic national importance.
With more than half the states now in court seeking relief from a law that two federal judges have ruled unconstitutional, and governors of said states asking for an expedited appeal because no new arguments or evidence will be submitted to the Appeals Courts, one might think the Obama administration might be willing to cooperate for its own good, if not the good of the people it represents. No doubt it wants to stall and keep the case out of the ultimate arbiters’ hands until after the 2012 election so as to not have to run on a single accomplishment that ultimately may be struck down as illegal. Of course, it’s only the DOJ’s brief. The Supreme Court may still decide to take the case straightaway, but the odds of such a rare occurrence are enhanced if both parties agree to the motion.