After weeks of delay, the Obama Administration finally went ahead and did it. Early Tuesday night, the Department of Justice filed a notice of appeal in Florida v. HHS, the multi-state lawsuit that has the best chance of striking down Obamacare. This is a routine filing with the district court, but it is a necessary step in the march to the Supreme Court.
But there’s a small nugget of news buried in the filing for those who have been following the case closely: the filing is two days early! That isn’t much, but it is a conspicuous change of pace for the Obama Administration, which has attempted to delay this litigation at every turn, and with highly questionable legal tactics. The administration’s goal is to buy time to build up the edifice of Obamacare so that, even if the courts do strike down the individual mandate, the Supremes will allow the rest to stand. That strategy may now be unraveling.