It took all day to do the charge conference.
And the defense just filed this doozy of a motion of a dismiss, saying that because DOJ took the position that the entire ACA was unconstitutional. This would include, according to the defense, the provisions that criminalized health care fraud and kickbacks. Judge Scola is giving the government a chance to respond, but after closings.
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In other (sad) news, Miami Beach legend Seymour Gelber passed away at 99. What an incredible life. The entire Herald obit is worth a read. Here’s the intro:
Former prosecutor, juvenile judge and Miami Beach Mayor Seymour Gelber was a local luminary. But by his own account, he was simply a streetwise kid from Brooklyn who used enough smarts and a little bit of luck to get ahead in life.
Gelber cut a self-effacing figure, disguising a shrewd legal mind that made him a heavyweight in jurisprudence who took his work seriously — but never himself.
“I never liked it,” he quipped about law school. “Never thought I would like to be a lawyer.”
His doubts faded as he ascended the ranks to become a respected jurist who shaped Miami-Dade’s juvenile justice system. He later served as mayor of Miami Beach while the city emerged from a tumultuous period rocked by corruption in the early 1990s. In the coda to his life of public service, Gelber provided a steady hand to guide City Hall.
Gelber died Thursday at age 99, his family said. He leaves behind a legacy that looms large in courtrooms and local government.
Can you admit to a legal conclusion? Isn't that in the Fifth Circuit's perview?
ReplyDeleteI say more likely a due process violation. How can the govt say in one court the ACA is unconstitutional and in another court a man should go to prison for violating the ACA?
ReplyDeletePerhaps an argument that estoppel applies.
ReplyDelete