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To: justlurking
Sorry, but we need to fix a few things: "A state judge cannot rule a federal law is unconstitutional. That's the job of a US District Court judge (first),"

Done. Vinson is a Federal District Court Judge.

"Vinson is a judge in the Northern District of Florida. Currently, his decision only applies to that area."

Normally, yes, but not in this situation. Since 26 states joined the suit in total, they are ALL sharing in the decision.

"However, since he declined to issue an injunction, there are no penalties if the Obama administration decides to ignore him.

You need to go read page 75 of the decision. The Judge specifically pointed out that his ruling had the same effect of an injunction and therefore it wasn't necessary to issue the separate order. Defying the decision would definitely be subject to a possible contempt citation. The only question I have is when/whether any of the parties will choose to go back to Vinson and ask for that contempt ruling.

55 posted on 02/03/2011 8:23:48 AM PST by alancarp
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To: alancarp
Normally, yes, but not in this situation. Since 26 states joined the suit in total, they are ALL sharing in the decision.

No, that's incorrect. A district court judge cannot rule for states outside his district. It doesn't matter if they joined the suit. Jurisdictional rules prohibit the states from "shopping". What the states did was pool their resources to get a favorable ruling in a friendly district (and a friendly circuit), so that they could set up a conflict that the Supreme Court was unlikely to ignore.

You need to go read page 75 of the decision. The Judge specifically pointed out that his ruling had the same effect of an injunction and therefore it wasn't necessary to issue the separate order. Defying the decision would definitely be subject to a possible contempt citation.

I have. And while I admire the judge's hopefulness that the federal government will comply, without the injunction he cannot force them to do so, and cannot cite them for contempt.

The only question I have is when/whether any of the parties will choose to go back to Vinson and ask for that contempt ruling.

First, they will have to get an injunction. Vinson has already declined to issue that, but maybe he will change his mind.

But, even with an injunction, getting a citation for contempt may be hard. Someone will have to show injury. The State of Florida has already indicated that they are going to hold off implementation of anything (although it's unclear what the retribution can or will be). If the Obama administration avoids doing anything in the Northern district of Florida, this judge won't be able to cite them.

60 posted on 02/03/2011 8:40:58 AM PST by justlurking (The only remedy for a bad guy with a gun is a good WOMAN (Sgt. Kimberly Munley) with a gun)
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