I’m no legal eagle, but - isn’t granting a stay at this point kind of wavering (going ‘wobbly’, if you will)?
Seems to me that just buys the Admin time to execute their thug tactics on the Judge. Make no mistake - the Chicago boys stand ready to do their thing if given the order.
“Make no mistake - the Chicago boys stand ready to do their thing if given the order.”
Then they’d better be given the order w/in 7 calendar days. Time for Homina Homina Obamina to stop dragging his prissy feet.
Read pgs. 15-18 of the order for the legal reasons why a stay is granted.
Notice also, the 7 day stay window for appeal.
The judge did not grant an extended stay—this is almost immediate—the purpose of which is to kick the case upsatirs to a higher court ASAP to get it to the Supreme Court, for the best interests of the public.
Remember he is not the only Federal judge who has weighed in on the issue, and a higher court will have to determine which view of Obamacare is the coreect and Constitutional one.
And if they get it wrong, the Congress will have to settle the matter.
The absolute opposite is the case. This order put the regime under an extremely short window to either give up or appeal. They were riding the clock out previous to this order. Technically Obamacare was dead with Vinson's original ruling. Because he saw them disregarding it, he is jamming this short stay down Obummers throat. This is awesome and there are panic meetings in the WH tonight.
While granting the stay for 7 days, Judge Vinson ordered the Administration to seek an EXPEDITED appeal, either to the 11th Circuit OR to the SCOTUS. An EXPEDITED appeal is the last thing this Administration wants.
An appeal that is not expedited can take months and months and months, a good year or so. An EXPEDITED appeal can be handled quite quickly, and a decision made that moves the case along to the SCOTUS much sooner than a regular appeal.
The one week stay they were granted with that critical caveat has cost the Administration months of time they’d hoped to use for delay. This case could (not saying it will) be at SCOTUS in a month or two, assuming the Administration choose the intermediate step of the Court of Appeals. A losing party at the appellate level has 90 days to file with SCOTUS, but given the way this particular case is going, they may be ordered again to expedite any SCOTUS appeal.
VA tried to get its case expedited and DOJ flatly refused. Now, in the FL case, the Administration has NO choice.
I’ve only read excerpts (too late in the day to get into it right now), but what I’ve read looks anything but wobbly. Actually, it borders on a total smackdown of Obama and company. The stay is granted only on condition that Obama expedite the appeals process toward a final ruling by the SCOTUS. And some of the ancillary remarks about the administration’s decision to ignore the ruling just made me chortle with glee.