North Dakota AG: Obamacare Lawsuit Can And Should Skip Straight To The Supreme Court

Speaking on the Scott Hennen Show today Attorney General Wayne Stenehjem, who included North Dakota in the multi-state lawsuit started by Florida that just got a victory in federal court, is saying that if attorneys general involved in the case decide to they may be able to push the case directly to the Supreme Court.

Stenehjem thinks this may well be an idea given that the case is going to end up there anyway and the uncertainty and waiting is going to be costly for states trying to figure out whether or not they need to make preparations to comply with Obamacare.

“This challenge was called frivolous but this judge did not think so,” said Attorney General Wayne Stenehjem about Federal Judge Roger Vinson’s ruling that Obamacare is unconstitutional.

“The judge likened this to a finely crafted watch and without this pivotal part the clock won’t keep time and so the whole law must be struck down,” he said.
Vinson’s ruling was announced yesterday and said that because it is impossible for one provision to be separated from the law without destroying the functionality of the whole law then the entirety of Obamacare is unconstitutional.

This is not the end of the line for the lawsuit according to Stenehjem.

“Two things could happen. It will be repealed and it could be sent to the eleventh district or there is a mechanism to request that this go straight to the Supreme Court.”

Stenehjem says that he will meet with the 25 other Attorneys General that are part of the suit to determine if they should request that the case goes directly to the Supreme Court “There is some merit, I believe, for taking it to the Supreme Court because this is a purely constitutional question.”

Pushing the case to the Supreme Court seems like the logical step to me. There’s not much to be gained by litigating the case in additional lower courts especially since it’s a given to be appealed to the Supreme Court anyway.

Rob Port is the editor of SayAnythingBlog.com. In 2011 he was a finalist for the Watch Dog of the Year from the Sam Adams Alliance and winner of the Americans For Prosperity Award for Online Excellence. In 2013 the Washington Post named SAB one of the nation's top state-based political blogs, and named Rob one of the state's best political reporters. He writes a weekly column for several North Dakota newspapers, and also serves as a policy fellow for the North Dakota Policy Council.

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  • borborygmi

    Send it

  • John

    kudos to stenehjem for this. he should run for US House.

  • John

    if it went straight to the US Supreme Court right now, then it’d be finished by the time he ran for Congress. i like other candidates, but i’d def vote to nominate him with this notch under his belt.

  • primghar

    Actually, isn’t it about time for Wayne to simply retire?

  • banjo kid

    One item would not be enough for me but it is out side my district I am in Ohio . I use past performance and what they actually have stood for in the past, to vote for someone on one item is not being fugal, although it leads one to think about voting for them . Check them out totally before pulling the lever, it is something you will live with for the term .

  • Jett

    Primghar has it right – retire Wayne.

    Wayne has demonstrated his propensity and support for central planning as a legitimate role of government. The braintrust in Bismarck and local gov’ts throughout the state are violating Article X Section 18 on a daily basis, and Wayne refuses to take action and uphold his oath of office.

    By allowing tax dollars to be awarded to certain businesses deemed “worthy” and denying those seen as “unworthy” – he’s failed to uphold the State Constitution.

    How many examples do we need where businesses have been bribed into coming to North Dakota with tax breaks, guaranteed loans and direct subsidies – only to see them pack their bags when the cash runs out? Meanwhile, we pay the bill.

    When our masterminds think they can read the market, identify what products and services are wanted and valued by consumers – it’s destined to fail.

    The Commerce Dept. needs to go, and so does Wayne.

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