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To: dont_tread_on_malik

I support the judge’s ruling and hate to throw a little legal cold water, but here goes.

1 This was a single federal district judge, and other district courts have given the opposite ruling. Therefore, I wouldn’t expect everyone nationwide to follow this ruling. Everyone knows the various appeals courts will have to rule, and probably the Supreme Court, before this is resolved.

2 Because you have officials as far away as the Alaskan governor saying they WILL follow this ruling, it is normal for the Admin. to ask for a clarification of the judge’s view of his ruling’s effect.

3 The Admin. figures that IF the judge says he has shut down Obamacare nationwide, the appeals court will probably suspend that order right away until it has time to review the case. This is a good strategy because right now they don’t have any injunction to appeal.

4 The judge knows all this that is why he only gave the PLAINTIFFS (the guys on our side) three days to respond.

5 The judge may surprise you and decide not to issue an injunction, recognizing the court of appeals will want time to review this. Or he may see an injunction as the logical next step but he knows the circuit court will reverse him, and that will be seen as an Obamacare victory.

6 All the talk about armed men and courts having no power is nonsense. we have a very sophisticated legal system and everyone involved knows the fat lady will not be singing until well down the road. This preliminary maneuvering is normal.


44 posted on 02/23/2011 6:50:16 PM PST by Williams (It's the policies, stupid.)
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To: Williams

Williams wrote:
<<
I support the judge’s ruling and hate to throw a little legal cold water, but here goes.

1 This was a single federal district judge, and other district courts have given the opposite ruling. Therefore, I wouldn’t expect everyone nationwide to follow this ruling. Everyone knows the various appeals courts will have to rule, and probably the Supreme Court, before this is resolved.
>>

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Actually, the Virginia federal court also ruled that Obamacare’s individual mandate provision is unconstitutional. And let’s not go discounting the huge significance of the Judge Vinson’s ruling here... Unlike the other trials that were thrown out, there were 26 states that signed on to the Florida lawsuit.


57 posted on 02/23/2011 8:45:47 PM PST by DestroyLiberalism
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