“Now, in the FL case, the Administration has NO choice”
Sure they do. They ignored his original ruling....They’ll ignore this ruling.
I wouldn't be surprised if he tried to pull a DOMA [in reverse]. Instead of saying that he won't enforce the law because he feels it is unconstitutional [DOMA], he'll say he will ignore the federal judge and enforce the law [healthcare] because he feels it IS constitutional ...
I’m not so sure they can ignore this one. They played a very silly game seeking ‘clarification.’ They lost, big time.
In the LA case where they are ignoring Judge Feldman’s ruling, and trying to override with Executive Order, they have appealed, and appealed timely so far as I know.
The Vinson Order grants a stay only, and for 7 days only, pending their filing an expedited appeal. If they do not, his stay is dissolved, and his Order becomes the law that has to be followed, pending its being overturned by a higher court.
They were already out of time to file their appeal. I’m not so sure they wouldn’t be barred from appealing if they fail to do so within the next 7 days. Any other litigant would be out of luck if they missed a deadline. So, there comes a point where the games end, and even these guys at DOJ have to perform and defend their case.
I can’t imagine what they are so worried about. After all, haven’t we heard a lot of bragging from the White House that they are 3:2 on judges ruling in their favor?