On Friday, the Department of Justice filed its brief appealing the January court decision that struck down the entire Obama health-care law. The brief wasn’t due until Monday, so the government broke with its pattern in this case of filing at the eleventh hour. Either they are getting more on top of their game and were hoping to win brownie points for filing three days early, or they wanted to hit the Friday news cycle to bury the story. (This wouldn’t be the first time.)
Most of the arguments are a review at this stage, but there are some interesting points to highlight:
A couple side points that don’t go to the issue of constitutionality per se, but are interesting:
Stay tuned for the next brief from the appellants due Wednesday, May 4.