UPDATE: DOJ Asks for Expedited Review of Obamacare Loss

Todd Gaziano / March 09, 2011

After weeks of delay, the Obama Administration finally went ahead and did it.

Early last night, the Department of Justice (DOJ) filed a notice of appeal in Florida v. HHS, the multi-state lawsuit that has the best chance of striking down Obamacare. And this morning, DOJ filed a motion in the U.S. Eleventh Circuit Court of Appeals for expedited review  of the case, which was a condition the district judge imposed on the DOJ to grant its request for a stay of the judgment pending appeal. This is a significant strategic victory for the states and the National Federation of Independent Business on the eventual march to the Supreme Court.

For those who have been following the case closely, the government’s motion for expedited review is a conspicuous change of pace for the Obama Administration, which has attempted to delay this litigation at every turn and with highly questionable legal tactics. The Administration’s goal was (and probably still is) to buy time to build up the edifice of Obamacare so that, even if the courts do strike down the individual mandate, the Supremes will allow the rest to stand. That strategy is now unraveling. (more…)