Supremes Reject Fast Track of Obamacare Case

As expected:

The Supreme Court rejected a call Monday from Virginia’s attorney general to depart from its usual practice and put review of the health care law on a fast track. Instead, judicial review of President Barack Obama’s signature legislation will continue in federal appeals courts.

The justices turned down a request by Virginia Attorney General Ken Cuccinelli, a leading opponent of the law, to resolve questions about its constitutionality quickly. The Obama administration opposed Cuccinelli’s plea.

Only rarely, in wartime or a constitutional crisis, does the court step into a legal fight before the issues are aired in appellate courts. Hearings already are scheduled in May and June in three appeals courts.

The case still could reach the high court in time for a decision by early summer 2012.

One court expert I read recently said it was unlikely the Supremes would take the case on a fast track basis. In general the court likes to see how cases develop in the appellate process and review those arguments before taking a case in the nation's highest court.

This will tee up the case for the presidential election. Can you imagine a decision from the Supremes striking down Obamacare right in the middle of the campaign? If you think Bush v. Gore was a highly politicized decision, watch out.

Now that I think about it, I almost think a decision upholding Obamacare would be even more devastating for Obama's campaign.  It would ignite a fire in all of the Tea Party people who threw the Democrats out in 2010 and really get them motivated to toss Obama.  Either way I'm not sure a court decision during the campaign will benefit Obama.

The original ruling in the Virginia case was not as strong as the Florida ruling which overturned the entire law.  The Virginia case allowed the individual mandate to be separated from the rest of the bill.  The Florida ruling did not.  Obama might have been better off to join Cuccinelli in urging a quick Supreme Court review on the Virginia case in the hopes that at worst Obamacare would be upheld even if the individual mandate was struck down.

Although this will be portrayed as a liberal victory, it's a very temporary one.