Judge Roger Vinson ... my hero!
Appointed by President Reagan.
Posted on 03/04/2011 2:18:30 PM PST by IbJensen
(CNSNews.com) - A federal judge in Florida, clearly annoyed by the Justice Department's request for "clarification" of his ruling that the new health care law is unconstitutional, on Thursday granted a stay of his February ruling -- but only if the government files an appeal seeking an expedited review of that ruling, either in the Court of Appeals or with the Supreme Court, within 7 days.
Judge Roger Vinson noted that the Obama administration has had more than a month to file an appeal and has not yet done so. "It should not be at all difficult or challenging to 'fast-track' this case," he wrote in his clarification.
"It is very important to everyone in this country that this case move forward as soon as practically possible."
In clarifying his order, Judge Vinson noted that he declared the health care law's individual mandate unconstitutional -- and because the individual mandate provision cannot be separated from the rest of the law, "the entire legislation was void."
"This declaratory judgment was expected to be treated as the 'practical' and 'functional equivalent of an injunction,'" Vinson wrote in Thursday's clarification. But instead, he added, the Obama administration ignored the order and continued implementing the law.
If the defendants were unable to comply with Vinson's ruling, "it was expected that they would immediately seek a stay of the ruling, and at that point in time present their arguments for why such a stay is necessary, which is the usual and standard procedure. It was not expected that they would effectively ignore the order and declaratory judgment for two and one-half weeks, continue to implement the Act, and only then file a belated motion to 'clarify,'" Vinson wrote.
'An unusually strong rebuke'
Texas Attorney General Greg Abbott, speaking on Fox News Friday, called Judge Vinson's clarification "an unusually strong rebuke" to the Obama administration. He noted that Judge Vinson "called out the administration for dragging its feet."
Abbott said the administration's foot-dragging is deliberate: The more time the administration has to implement parts of the complicated law, the harder it will be to abolish it. That’s why they’re “slow-walking” the case to the Supreme Court.
Abbott said if the Obama administration does not comply with Judge Vinson's order to file an expedited appeal, "I believe...the judge will entertain motions to hold the White House, the Obama administration, in contempt of court -- and that is exactly what we attorney generals will be requesting, if they fail to expedite an appeal within 7 days."
Abbott noted that 26 states are challenging the health care law, which "sends a strong signal to the United States Supreme Court, this is a matter that needs to be stricken down," even if parts of the health care law do begin to “permeate” the U.S. health care system.
In his clarification, Judge Vinson noted that the Democrats' health care law would "comprehensively reform and regulate" more than one-sixth of the economy.
"It does so via several hundred statutory provisions and thousands of regulations that put myriad obligations and responsibilities on individuals, employers, and the states. It has generated considerable uncertainty while the Constitutionality of the Act is being litigated in the courts. The sooner this issue is finally decided by the Supreme Court, the better off the entire nation will be," Vinson wrote.
'Compelling arguments on both sides'
In his clarification, Judge Vinson admitted that there are "strong and compelling arguments" on both sides of the case.
"I cannot say that the defendants do not have a likelihood of success on appeal. They do. And so do the plaintiffs. Although I strongly believe that expanding the commerce power to permit Congress to regulate and mandate mental decisions not to purchase health insurance (or any other product or service) would emasculate much of the rest of the Constitution and effectively remove all limitations on the power of the federal government, I recognize that others believe otherwise.
"The individual mandate has raised some novel issues regarding the Constitutional role of the federal government about which reasonable and intelligent people (and reasonable and intelligent jurists) can disagree."
Even the Supreme Court is likely to split on the issue, Vinson said.
"Ultimately, I ruled the way I did, not only because I believe it was the right overall result, but because I believe that is the appropriate course for a lower court to take when presented with a (literally) unprecedented argument whose success depends on stretching existing Supreme Court precedent well beyond its current high water mark and further away from the 'first principles' that underlie our entire federalist system. Under these circumstances, I must conclude that the defendants do have some (sufficient for this test only) likelihood of success on appeal."
The Justice Department, in response, welcomed Judge Vinson's granting of a stay -- which will allow the law's provisions to continue pending the administration’s appeal to the 11th Circuit.
“We appreciate the court’s recognition of the enormous disruption that would have resulted if implementation of the Affordable Care Act was abruptly halted," the Justice Department said.
“We strongly disagree with the district court’s underlying ruling in this case and continue to believe – as three federal courts have found – that this law is constitutional. There is clear and well-established legal precedent that Congress acted within its constitutional authority in passing the Affordable Care Act and we are confident that we will ultimately prevail on appeal.”
The reason Obama hasn't filed an appeal is because he and his goons know this pile of sewer waste will be struck down by the Supreme Court.
I am sick to death of the corrupt Government and Ovomit's idea that he can bypass the judicial systems, congress, the senate, and the PEOPLE! SOMEONE IMPEACH HIM, REID, PELOSI and the REST of his Chicago sewer-rat MOB!
I am angry with this judge. He should have put an injunction on this fascist debacle. Otherwise his original ruling is an exercise in moot discussion. He is no patriot.
The next President which will not be President Obama should issue the Congressional Medal of Honor to Judge Vinson. He is a true patriot and nobody’s fool.
Definitely agree with you there. I just do not understand why the plaintiff’s do not go directly to the Supreme Court and get this on the docket immediately. If the Supreme Court pushes it down to a lower court, so be it. They will do no such thing, however.
Wuddaya ‘speck from the legal machine that starved a disabled woman to death while the world watched, aghast?
The reason Obama hasn't filed an appeal is because he and his goons know this pile of sewer waste will be struck down by the Supreme Court.
The second statement contradicts the first.
He could have done that, but it would require him to manage compliance for the entire Federal government and all the cooperating states (24?), through his court (by contempt), a monumental job.
During that time, Zer0 would delay the SCOTUS review, where it HAS to go anyway.
The judge gave Zer0 7 days to go before SCOTUS, expedited for a final call, or else Zer0 is screwed, he loses everything.
This way it gets finally decided without months of useless work for everybody.
Judge Roger Vinson ... my hero!
Appointed by President Reagan.
‘”This declaratory judgment was expected to be treated as the ‘practical’ and ‘functional equivalent of an injunction,’” Vinson wrote in Thursday’s clarification. But instead, he added, the Obama administration ignored the order and continued implementing the law. ‘
Gotta love this guy! A judge with some courage — not afraid of the Obama-machine.
Even the possibility that this might happen would be enough for them to try to avoid this showdown and look for alternative means to circumvent the will of the people and the constitutional process.
You should have read the entire article — he DID mean it as an injunction:
“This declaratory judgment was expected to be treated as the ‘practical’ and ‘functional equivalent of an injunction,’” Vinson wrote in Thursday’s clarification. But instead, he added, the Obama administration ignored the order and continued implementing the law.
The attorneys representing the plaintiffs, who include Florida and 25 other states, argued that the administration's "motion to clarify" was actually a veiled request to have Vinson stay (i.e., set aside) his original order blocking implementation. Vinson agreed, and therefore treated the Obama administration's "motion to clarify" as a motion to stay, which he granted. Vinson made clear, however, that if the administration fails to file a notice of appeal by March 10 or fails to seek an expedited appeal either with the 11th Circuit Court of Appeals or the Supreme Court, then his stay will lift and the administration will (once again) be barred from implementing or enforcing ObamaCare. In other words, Vinson prevented the Obama administration from treating his stay as an excuse to ignore his ruling while the further entrenching the law.....read more....
http://www.cato-at-liberty.org/its-official-governors-implementing-obamacare-are-undermining-the-lawsuits/
Judge Vinson has handled this brilliantly. His circumspect, clear decision put the onus on Obummer. He anticipated Obummer’s arrogant delay and disregard. Now that it is clear, he can lay bare the mendacity of Obummer even more clearly.
Nicely ‘teed-up’ for Federal Appeals Court or the USSC!
the attorneys general prevailed in this case so they have no opportunity to appeal it ANYWHERE, the Obama Adminstration is the only party with appeal rights as the LOSER.
Failure to appeal will be flat out defiance of judge Vinson. At that point, he has stated that he will enjoin the entire Federal and state governments from continuing to implement Zer0 care. The judge MAY hold any government employee that fails to comply in contempt, and order his/her arrest and confinement until they comply. This is where the fun begins, if Zer0 plays chicken with the judge.
I personally don't know what Zer0 will do, he is arrogant enough to go lawless and commit impeachable of fences.
You said it much better than I.
Anyone ragging on Judge Vinson for this decision clearly doesn’t know anything about appellate law. His decision was a work of art that forced the obama administration’s hand and is moving the case along as expeditiously as possible to the Supreme Court, which is the only court that can definitively decide this issue.
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