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To: justlurking
Man you are seriously confused on nearly all the key points here.

Judge Vinson's ruling is in no way limited to the confines of his district or even the 11th Circuit. It is binding on the litigants, one of which happens to be the US government. The government cannot now argue in any court against any other litigant (excepting the regular appeal process) that Obamacare is valid. It cannot go to court to force anyone to pay taxes due under Obamacare. It cannot sue any state for compliance. It cannot punish any state or private party for noncompliance because it can't defend the punishment in court.

The unconstitutionality of Obamacare is now res judicata (a thing decided). The US had an opportunity to litigate the matter and it lost. That's it. They can't do it again. Their only remaining hope is on appeal. More than one litigant can make the same argument and generate different results, but once the federal government loses it can't try again. It is bound, not just in the 11th Circuit but everywhere. As far as every court in the country is concerned Obamacare is void and cannot be used as the basis for any decision unless and until some appellate court revives it. The government will still be bound even if the 4th Circuit overrules the District Judge in the Virginia case. Obamacare is dead unless the 11th Circuit or the Supreme Court says otherwise and neither is particularly likely to. The 11th Circuit is almost certain not to and at the Supreme Court everything depends on Anthony Kennedy.

The feds can ignore the Florida ruling and continue spending money on bureaucratic preparations to implement Obamacare as long as Congress permits it. There's nothing Judge Vinson can do to stop them. In fact, there is nothing he could do to enforce an injunction either (the executive has all the guys with guns). But the courts will stymie any effort to make anyone comply with Obamacare. That pesky due process thingy makes it very hard for the government to make anyone do anything without judicial cooperation. Obama can't have much fun playing all by himself and Congress may very well put a stop even to that.

Judge Vinson's ruling was a shock to the DC establishment and almost nobody has yet grasped its full implications. Give them a couple of weeks; they think very slowly. As usual, Rush is miles ahead of them.

On another point, you don't need an injunction to get a contempt order. You can get a contempt order before there is any judgment at all. Try going to court in the middle of a case and telling the judge you won't comply with any order he ultimately issues. Take a toothbrush; you'll be staying in the lockup overnight and maybe longer. If he wants to Judge Vinson can certainly issue a contempt citation on a showing that the government is failing to behave in accord with his judgment. He could even issue a show cause order sua sponte demanding that the government appear before him and justify it's behavior. There wouldn't be much point, but he could do it. The main effect would be to give Republicans in Congress ammunition as they try to postpone all implementation of Obamacare until after a final ruling from the Supreme Court on its constitutionality.

The bottom line here is that the Obamacare just collapsed. It may not be dead but it's comatose and likely to remain so until after the 2012 election when voters can smother it once and for all. As an added bonus we just may get some Supreme Court precedent that will help restrain the government and restore some of the constitutional limits on its power.

96 posted on 02/03/2011 10:17:24 AM PST by fluffdaddy (Is anyone else missing Fred Thompson about now?)
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To: fluffdaddy

BINGO!

Spot on!


149 posted on 02/04/2011 10:08:05 AM PST by Bigun ("It is difficult to free fools from the chains they revere." Voltaire)
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