Greta Van Susteren, appearing on Fox News' Your World With Neil Cavuto with guest host Stuart Varney, tore into the Supreme Court for its decision not to expedite Virginia's lawsuit against the Patient Protection and Affordable Care Act.
From the April 25 edition of Your World With Neil Cavuto:
VARNEY: Do you agree with the timetable that we've been laying out? That the Supreme Court may get it, may decide on it, in the summer of 2012? In other words another at least a year's delay? Do you agree that timetable?
VAN SUSTEREN: It could be that timetable or it could be longer. But that's not the problem. You know, these people have a very important job to do to decide constitutionality. Everyone agrees the Supreme Court will make this decision. So why do they put it off till then? Why in the world would they do that? This is very important to the American people, whether you are for or against it. But the fact that they're going to take the summer off, that this is a profoundly important decision, is disgraceful.
VARNEY: Maybe they didn't want to appear to be rushing into what could be seen as a political decision.
VAN SUSTEREN: They're not the political branch. And if they're such cowards and so worried about how people are going to think, they are supposed to determine constitutionality; they're supposed to ignore the politics of it. And this is a very simple issue, and that is whether or not the provision exceeds the commerce clause. It's not that complicated. Either it does or it doesn't. And they shouldn't be so cowardly to worry about politics. We survived Gore versus Bush and a lot of people thought that was politics.
In reality, there may be several possible reasons why the Supreme Court did not take up the health care case. As SCOTUSblog.com noted, due to its high threshold for cases, the Supreme Court has only accepted these expedited petitions “in only a handful of cases over the past seventy-five years.” Additionally, Justice Ruth Bader Ginsburg said that the Supreme Court benefits from lower courts' opinions when decided whether to hear an appeal. However, since the Court did not provide an explanation the reasons for the its decision are unclear.
But Van Susteren's main complaint seems to be that the Supreme Court justices are lazy and did not take up such an important case because they wanted “to take the summer off.” That statement is blatantly dishonest. The Supreme Court session does run from October through June or July, but that does not mean that the justices are not working over the summer months. The Supreme Court website states: “The Court recesses at the end of June, but the work of the Justices is unceasing. During the summer they continue to analyze new petitions for review, consider motions and applications, and must make preparations for cases scheduled for fall argument.”
And after calling the court “disgraceful” and the justices “cowards,” Van Susteren continued to diminish the court's work, saying the decision of whether the individual mandate in the health care law oversteps the Commerce Clause is “not that complicated.” Again, Van Susteren is being dishonest; with several court cases on the health care law pending around the country, which have resulted in several varying rulings thus far, the issue of the constitutionality of the health care law is very much a complicated one.