Posted on 02/25/2011 4:51:13 AM PST by sheikdetailfeather
Fla. Attorney General Pam Bondi fighting perceived government stall tactics on 'Obamacare' case
(Excerpt) Read more at foxnews.com ...
Biggest thing she can do to fight the “stall” is to refuse to implement any of it.
Thats why they are “stalling”: to get more of it in place.
Yesterday was the day that Judge Vinson gave Bondi and the other states Attorneys General to respond to the Government’s recent motion asking for clarification. Surprisingly Greta made no mention of that and none was offered by Bondi. Surely there is at least some speculation as to how Vinson will use those inputs to respond to the Obama Administration. Is an injunction a possibility?
One thing that Bondi did clarify: the Government has until the end of March to appeal - that’s about 60 days from the original ruling. In the meantime the Government is, IMHO, violating the law by continuing to implement and enforce the provisions of Obamacare.
I agree. Fla. Gov. Rick Scott sent the money back for Obamacare and we will not be implementing a thing.
Defunding will stop the implementing Obamacare. From what I read they have stashed some of the stimulus money and are using this to keep building their bureaucracy. The stimulus money has already been approved and the House has to find other ways to stop growing this bureaucracy. They should work with the states to stop any funding until the Supreme Court hears the case!
Sounds like the House needs to attach an amendment prohibiting use of stimulus money for 0bamacare.
Page 75 of Judge Vinson’s ruling says his declaratory judgment is the equivalent of an injunction. They just need to adhere to the ruling. I noticed that too regarding nothing being mentioned about the states answering back to Judge Vinson. Seems to me that if it is ruled to be unconstitutional, there should be no implementation at all, and a reversal of what has already occurred. Like you said, it is against the law to implement any of it. I had heard they had only 30 days from the ruling to appeal. Now it is 60 days.
Levin: Obama cannot continue to implement ObamaCare
http://www.therightscoop.com/levin-obama-cannot-continue-to-implement-obamacare
Health Care Unconstitutional: Obama Sedition?
http://market-ticker.org/akcs-www?singlepost=2387561
(excerpt)
(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).
bttt
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