Judge Vinson’s Ruling on the Federal Government’s Motion for “Clarification.”

Pajamas Media Tatler ^ | March 3, 2011 | Dan Miller

[DanMiller]

Much has been written and said about Judge Vinson’s  ruling today granting a very limited stay of his earlier declaratory ruling (which he “clarified” to have been the equivalent of an injunction) against further implementation of ObamaCare. I have little to add other than a few quotations from today’s decision; it is tantamount to a statement that the federal government acted in bad faith.

[T]he defendants [federal government] had acknowledged in their summary judgment opposition brief that, if I were to find for the plaintiffs, separate injunctive relief would be superfluous and unnecessary. The defendants expressly assured the court that, in light of the “long-standing presumption that a declaratory judgment provides adequate relief as against an executive officer, as it will not be presumed that that officer will ignore the judgment of the Court,” any declaratory judgment in the plaintiffs’ favor “would [ ] be adequate to vindicate [the plaintiffs’] claims.(emphasis added)

To avoid further delay, Judge Vinson also ruled on a motion the government had stated an intention to present should he decide adversely. He granted a stay, for a week, pending the filing of an appeal with the Court of Appeals. He noted that

The sooner this issue is finally decided by the Supreme Court, the better off the entire nation will be. And yet, it has been more than one month from the entry of my order and judgment and still the defendants have not filed their notice of appeal.

[T]he stay will be conditioned upon the defendants filing their anticipated appeal within seven (7) calendar days of this order and seeking an expedited appellate review, either in the Court of Appeals or with the Supreme Court under Rule 11 of that Court. . . .

[DanMiller]

How's that for a slap in the face?

[Parley Baer]

He,he,he, I love it.

[BenLurkin]

bttt

[bigbob]

So in other words - “get your ass in gear, Holder!”

[Truth29]

Doesn’t this blow a hole in the position some states have taken that they will not proceed with implementing Obamacare based upon Vinson’s earlier decision?

[ChildOfThe60s]

There is one thing that no one seems to think about in this. The administration will ignore any court ruling and continue on implementing DeathCare via regulation.

They keep getting cited with contempt in continuing the shutdown of drilling in the gulf. BFD. Hasn’t changed anything.

Figure it out. There is no law unless it is enforced by the administration. And they only enforce court rulings and laws that further their agenda. And, short of a coup, who is going to stop them?

This is not an “administration”. They are rulers. And you are the ruled.

[Repeal The 17th]

I really like the part on page 15 where he says: "...
...the defendants’ motion (is) more of a motion to stay than a motion to clarify...
if I were to “clarify” that I had intended my declaratory judgment
to have immediate injunction-like effect (which I just did),
I will...treat the motion to clarify as one requesting a stay as well...
..."
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http://www.politico.com/static/PPM187_vinson.html
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[Hotlanta Mike]

The Great One

Levin: Obama admin lost big time in court

http://www.therightscoop.com/levin-obama-admin-lost-big-time-in-court/

[freeagle]

Thanks. Wasn’t able to listen to him today. I just posted the link on my Facebook page!