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From Karl Denniger’s Market Ticker:

Health Care Unconstitutional: Obama Sedition?

Yes, that’s a strong word.

It may also be appropriate.

The White House officials said that the ruling would not have an impact on implementation of the law, which is being phased in gradually. (The individual mandate, for example, does not begin until 2014.) They said that states cannot use the ruling as a basis to delay implementation in part because the ruling does not rest on “anything like a conventional Constitutional analysis.” Twenty-six states were involved in the lawsuit.

So now we have a White House that has declared its intent to ignore a declaratory judgment.

The Administration has no right to do this.

Obama’s White House has exactly two options:

•Comply with the ruling. This means that any and all activity authorized or mandated by the Statute cease now.

•File an appeal and ask for a stay pending its hearing. If said stay is granted, then the ruling is held pending consideration.
That’s it.

Folks, this is clear. The Judge in question, Judge Vinson, in fact sets forth exactly this in the opinion:

(5) 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).

Except in this case The White House has now declared its intent to intentionally disobey the law as declared by the court.

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.

Well, as of today, there is such a reason to so conclude.

The Plaintiffs need to make their way back to court this morning and file an emergency request for both an injunction and a citation of contempt of court against the members of The Obama Administration, including President Obama personally, Kathleen Sebelius and The Internal Revenue Service, all of which are staffing up for and acting as if this law remains in full force and effect.

This is now a full-blown Constitutional Crisis. The Executive’s willful, intentional and publicly-stated refusal to honor a declaratory judgment is an open act of willful and intentional violation of The Separation of Powers in The Constitution and, if combined with the use of or threat of use of force as is always present when government coercion is employed, treads awfully close to the line, and may cross it, of 18 USC Ch 115 Sec 2384, to wit:

If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.

The exercise of power by the Executive and Judicial branch, under which the Internal Revenue and Health and Human Services operate, inherently constitutes the use of force.

When such is used to “prevent, hinder or delay the execution of any law of The United States” the parties that have done so, it can be argued, have engaged in a Seditious Conspiracy.

By the way, Mark Levin pretty much sees it this way too. I agree with him, but I’ll go further - unless the Obama Administration either stands down now or files an appeal and seeks a stay and stands down until said stay is granted, if it is, then they have indeed crossed the line.

The statement from The Obama Administration is a declaration that he is not a President, but rather a King and he arrogates to himself a “divine right.” The willful and intentional refusal of an organ of government to abide a lawful decision of a court of competent jurisdiction is a declaration of tyranny and lawlessness. Such a declaration has only one lawful response, and that is the preparation and filing of Articles of Impeachment on an immediate basis.

Go figure... a POTUS above the rule of law?

Might be a good time to haul out the reason I took the handle "No Truce With Kings."

The Old Issue

October 9, 1899
(Outbreak of Boer War)
Here is nothing new nor aught unproven,” say the Trumpets,
“Many feet have worn it and the road is old indeed.
“It is the King—the King we schooled aforetime! “
(Trumpets in the marshes-in the eyot at Runnymede!)

“Here is neither haste, nor hate, nor anger,” peal the Trumpets,
“Pardon for his penitence or pity for his fall.
“It is the King!”—inexorable Trumpets—
(Trumpets round the scaffold at the dawning by Whitehall!)

. . . . . . .

“He hath veiled the Crown And hid the Scepter,” warn the Trumpets,
“He hath changed the fashion of the lies that cloak his will.
“Hard die the Kings—ah hard—dooms hard!” declare the Trumpets,
Trumpets at the gang-plank where the brawling troop-decks fill!

Ancient and Unteachable, abide—abide the Trumpets!
Once again the Trumpets, for the shuddering ground-swell brings
Clamour over ocean of the harsh, pursuing Trumpets—
Trumpets of the Vanguard that have sworn no truce with Kings!

All we have of freedom, all we use or know—
This our fathers bought for us long and long ago.

Ancient Right unnoticed as the breath we draw—
Leave to live by no man's leave, underneath the Law.

Lance and torch and tumult, steel and grey-goose wing
Wrenched it, inch and ell and all, slowly from the king.

Till our fathers ‘stablished,, after bloody years,
How our King is one with us, first among his peers.

So they bought us freedom-not at little cost—
Wherefore must we watch the King, lest our gain be lost.

Over all things certain, this is sure indeed,
Suffer not the old King: for we know the breed.

Give no ear to bondsmen bidding us endure.
Whining “He is weak and far”; crying “Time will cure.”

(Time himself is witness, till the battle joins,
Deeper strikes the rottenness in the people's loins.)

Give no heed to bondsmen masking war with peace.
Suffer not the old King here or overseas.

They that beg us barter—wait his yielding mood—
Pledge the years we hold in trust-pawn our brother's blood—

Howso’ great their clamour, whatsoe’er their claim,
Suffer not the old King under any name!

Here is naught unproven—here is naught to learn.
It is written what shall fall if the King return.

He shall mark our goings, question whence we came,
Set his guards about us, as in Freedom's name.

He shall take a tribute, toll of all our ware;
He shall change our gold for arms—arms we may not bear.

He shall break his Judges if they cross his word;
He shall rule above the Law calling on the Lord.

He shall peep and mutter; and the night shall bring
Watchers ‘neath our window, lest we mock the King —

Hate and all division; hosts of hurrying spies;
Money poured in secret, carrion breeding flies.

Strangers of his counsel, hirelings of his pay,
These shall deal our Justice: sell-deny-delay.

We shall drink dishonour, we shall eat abuse
For the Land we look to—for the Tongue we use.

We shall take our station, dirt beneath his feet,
While his hired captains jeer us in the street.

Cruel in the shadow, crafty in the sun,
Far beyond his borders shall his teachings run.

Sloven, sullen, savage, secret, uncontrolled,
Laying on a new land evil of the old—

Long-forgotten bondage, dwarfing heart and brain—
All our fathers died to loose he shall bind again.

Here is nought at venture, random nor untrue
Swings the wheel full-circle, brims the cup anew.

Here is naught unproven, here is nothing hid:
Step for step and word for word—so the old Kings did!

Step by step, and word by word: who is ruled may read.
Suffer not the old Kings: for we know the breed—

All the right they promise—all the wrong they bring.
Stewards of the Judgment, suffer not this King!

-— Rudyard Kipling