RUSH: Obamacare is back in the news. Last month, the Fifth Circuit Court of Appeals ruled that the Obamacare mandate forcing everybody to buy health insurance is unconstitutional.
But while ruling against the individual mandate, they didn’t make a decision about the whole Obamacare law. They sent the case back to the Texas district judge who originally ruled that Obamacare is entirely unconstitutional. Now, that judge was ordered to “conduct a more searching inquiry” to see if parts of Obamacare can survive without the mandate. This process will take at least a year, putting the question beyond the election.
So panic set in. Congressional Democrats and blue-state Democrats immediately formed a coalition to save Obamacare.
Now, this week that coalition — led by California’s attorney general — asked the Supreme Court to intervene. They begged the court to fast-track a challenge to the Fifth Circuit ruling declaring the mandate unconstitutional. Democrats wanted to restore the mandate and they wanted a hot Obamacare election fight.
Well, the Supreme Court didn’t take the bait. On Tuesday, they issued a one-sentence order telling Democrats they’re not getting involved. So as of this moment, the Obamacare mandate is still unconstitutional, but Democrats have to wait for the big Obamacare ruling until after the election.
This is what a good day in court (for some of us) looks like, so enjoy it while you can.