Obama-Dominated Panel to Hear ObamaCare Appeal

The Fourth Circuit Court of Appeals will hear argument today on the Obama administration’s appeal of the ruling by Judge Henry Hudson that the requirement in the ObamaCare scheme that everyone must buy health insurance is unconstitutional.  This suit is being prosecuted by Virginia Attorney General Ken Cuccinelli.

The 3-judge panel that will be considering the appeal are all Democrat appointees:   Obama nominees James A. Wynn, Jr and Andre M. Davis, and Clinton nominee Diana Gribbon Motz.  Considering that this case is going to end up before the Supreme Court no matter what the Fourth Circuit does, the fact that an all-Democrat panel will be hearing the case may be beneficial to those of us who support Cuccinelli’s efforts.  If the panel sustains Judge Hudson’s ruling that ObamaCare is unconstitutional, the lefties will have a hard time cranking up their conspiracy theories about the judges having a political agenda.  If the panel overturns Judge Hudson’s ruling and declares ObamaCare to be constitutional, an argument will be available that that ruling was agenda-driven.  Either way, the case will be well-positioned as it goes up to the Supreme Court because Obama appointees dominate this appellate panel.

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About the author

Ken Falkenstein

Ken Falkenstein has been a staffer in the United States Senate and the Virginia House of Delegates. He has managed political campaigns. He was a military intelligence analyst in the U.S. Army in West Germany during the Cold War. He is currently a civil litigation attorney with Poole Mahoney, P.C. in Virginia Beach. But his concern for his kids' future is what most informs his writing.