RUSH: "A three-judge federal appeals panel..." This is the US Fourth Circuit, Richmond, Virginia. You're not gonna like this, folks. "A three-judge federal appeals panel comprised of two Obama nominees and a Clinton nominee will hear arguments later this morning in two lawsuits challenging the constitutionality of [Obamacare]. The makeup of the U.S. Fourth Circuit of Appeals panel is crucial," says AP, "because in lower court rulings so far, Democratic judges have upheld the law while Republican judges have declared it unconstitutional.
"The judges on the panel will be Obama nominees James A. Wynn, Jr[.] and Andre M. Davis, who will sit on the panel along with Clinton nominee Diana Gribbon Motz." Okay, so we're dead in this court. (interruption) Now, Snerdley, are you just sloughing this off because it's going to the Supreme Court anyway? Are you sloughing that off? (interruption) Well, it may go, but it may not. It's up to the court whether or not they want to hear it en banc. You have to request an en banc, request to be heard by the whole panel. (interruption) Well, of course it's gonna go to Supreme Court, but the problem is (the NFL is running into this right now) the rulings at the lower court do matter.
It is tough to overturn on appeal. It is tough. You look at the number of times appeals are successful and you'll be shocked. You hear about all the big ones because they're rare. These lower court decisions do matter. This is risky. The AP is so aware that readers will think this has been rigged that they have an explanation for this. "According to the Fourth Circuit, the panel is chosen by 'a computer program designed to achieve total random selection.'" Total random selection. So you got two Obama nominees (is there any doubt how these two are gonna vote?) and a Clinton nominee.
So they may make it a 2-1 vote just to make it look like they cared and paid attention, but it's gonna be three-zip slam-dunk, and then they can make a full request for the full en banc panel. Which they will do, but they it's not automatic that you're granted that. So then this ruling and whatever these judges say about it then becomes the law of the land at the moment and goes up to SCOTUS, where there's one justice that matters: Anthony Kennedy. That's why repeal, repeal, repeal. Remember campaign finance reform? "Don't worry about it! The court will never allow this." The court allowed it. Repeal, repeal, repeal.