Friday, August 12, 2011

11th Circuit to 6th Circuit: we're splitting, baby

A 2-1 panel strikes down the PPACA insurance mandate. (Via Bashman of course.)

More when I can actually download the damn thing.

... ACA Litigation Blog posts on the opinion's main holdings, and hosts a PDF that will perhaps be easier to download.

They predict an increased likelihood of cert grant in the 6th Circuit case, but as Orin Kerr noted in comments at the VC (before the site crashed), the feds will presumably seek en-banc review at the 11th, and the SCOTUS may well want to see how that shakes out.

... Jonathan Cohn notes that "Clinton appointee" was already known not to be an accurate guide to Frank Hull's judicial politics. (N.b. that's a female Frank.) Clinton wasn't as lackadaisical about the federal bench as Obama, but he never took it as seriously as Reagan and Daddy Bush did. With the results we see today. (Meanwhile, the dissenter, Stanley Marcus, is was a Reagan appointee to the district-court bench whom Clinton tapped for the 11th Circuit.) (Error corrected.)

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