Gather round kids, the 11th Circuit has issued a ruling on HCR.
Let’s see who wrote it — hey, it’s a joint opinion by Dubina and Hull!
And they drop a footnote to explain that this has happened
at least twice before in 11th Circuit history, so don’t go around thinking there’s anything special about it, no siree.
And look at that — the odd man out, the rugged individualist, Judge Marcus — he wrote his own dissent! So now everyone got to write everything they wanted on a matter that will be decided by the Supremes anyway.
And boy did they — the majority duo wrote a crisp and tight 207(!) page opinion, and Judge Marcus decided to cut his dissent short at the otherwise pithy page 84.
Is everyone happy now? For those who care about the substance, the Court found the mandate unconstitutional but upheld everything else.
On the mandate’s constitutionality, the 11th is now squarely at odds with the always-liberal 6th Circuit, which earlier this summer found the whole enchilada to “hold water,” as Vinny Gambino would say.
Someone remind me, what happens again when Circuit Courts split on important Constitutional issues?