his thugocracy tried to inform the courts that states ‘had no right to challenge’ obamacare
Obamacare is legally dead at the moment. Will Obama obey or be an outlaw?
wow, pretty interesting. Is this diff than the situation with the judge in Virginia who also found it unconstitutional?
This seems like a no brainer. Why sit around waiting for the Supreme Court to rule. Rush is picking this up and explaining it as well. You know the left wouldn’t wait.
Didn’t Salazar and the 0bama administration ignore the judges order overturning the drilling ban? What is to stop them here?
Barry needs to make an apology and bow to the American people for attempting to rob them of their rights or someone read him his rights.
bttt
Obama is a dictator. He will continue to implement the law despite otherwise. Look at the oil drilling moratorium.
Unfortunately the legislative branch will not remove him. Republicans kiss his butt every time and in bed with the Democrats. The courts and military will do nothing to remove him.
Obama needs to be removed from office.
The only recourse is the people. Obama wants the people to rise against him so he can declare martial law.
Remember when a reporter asked Pelosi if the 0bama health care bill was constituional. Her contemptuous reply was “Are you serious? Are you serious?”
At the same time take dingy harry on charges of bribery, vote tampering and mis-appropriation of funds
Seems like one can get a judge to say almost anything. Bet they find one to say that they can coninue with implementation until appeal process is completed.
Here is my take on it...
This decision may even be broader. The Commerce Clause has been bastardized via The Roosevelt Admin via what they did to that poor farmer, i.e. that he even couldn't not participate in commerce because in doing so he influenced commerce.
Didn't this Judge even Slap Down this mess and make this ruling up for review?
That is what I glomed from listening to Mark last night as he read from his decision.
Am I correct? Is this the potential victory I think it is?
Here is the text of the Judge’s opinion regarding the request for an injunction:
The last issue to be resolved is the plaintiffs’ request for injunctive relief enjoining implementation of the Act, which can be disposed of very quickly. Injunctive relief is an “extraordinary” [Weinberger v. Romero-Barcelo, 456
U.S. 305, 312, 102 S. Ct. 1798, 72 L. Ed. 2d 91 (1982)], and “drastic” remedy [Aaron v. S.E.C., 446 U.S. 680, 703, 100 S. Ct. 1945, 64 L. Ed. 2d 611 (1980) Burger, J., concurring)]. It is even more so when the party to be enjoined is the federal government, for there is a long-standing presumption “that officials of the Executive Branch will adhere to the law as declared by the court. As a result, the declaratory judgment is the functional equivalent of an injunction.” See Comm. on Judiciary of U.S. House of Representatives v. Miers, 542 F.3d 909, 911 (D.C. Cir. 2008); accord Sanchez-Espinoza v. Reagan, 770 F.2d 202, 208 n.8 (D.C. Cir. 1985) (“declaratory judgment is, in a context such as this where federal officers
are defendants, the practical equivalent of specific relief such as an injunction . . .
since it must be presumed that federal officers will adhere to the law as declared by the court”) (Scalia, J.) (emphasis added). There is no reason to conclude that this presumption should not apply here. Thus, the award of declaratory relief is adequate and separate injunctive relief is not necessary.
As of yesterday... THIS BILL IS DEAD!!! The judge even made sure that even an appeal for a “stay” on his ruling would not change his ultimate decision that the bill is Unconstitutional on its face and is therefore “VOID”! Obama’s only option is to push it to the Supremes. Otherwise, any further action on this law is considered a criminal action and is subject to contempt of court charges. Not sure why Fox News is not getting it?
Well this shows us just how much of a legal scholar Obama isn’t since he does not understand this.What Levin says is true any further implementation is acting in violation.Could he be impeached for this if he continues to implement it?
Levin is right. The Obama administration though will seek rehearing and ask for a stay. Rehearing will be denied, but a stay will probably be granted in some form. The the case will then go to the 11th Circuit Court of Appeal in Atlanta, or it may go to the US Supreme Court on an expedited basis, perhaps with a limited stay in effect while the case is pending.
On Monday, Judge Roger Vinson issued a ruling in a case challenging the constitutionality of the Affordable Care Act. The ruling comes after legal action in cases regarding the law in courts across the country. Twelve federal judges have already dismissed challenges to the constitutionality of the health reform law. Two federal judges – in the Eastern District of Michigan and Western District of Virginia – have fully upheld the law, and one federal judge in the Eastern District of Virginia ruled against the individual responsibility provision but declined to bar full, continuing implementation.
The decision issued on Monday is one district court decision, and we believe it to be very wrong. The Department of Justice has made clear that it is reviewing all of its options in responding to this case, as it does in all cases. Implementation will continue.
Legal experts agree with our assessment of Judge Vinson’s ruling. Here’s what they are saying about the ruling and the case: