Posted on 03/03/2011 10:02:40 AM PST by jazusamo
U.S. District Judge Roger Vinson has issued a stay of his own ruling declaring the health care reform law unconstitutional, giving the Obama administration seven days to file an appeal.
The stay means implementation of the law can proceed pending the administration’s appeal to the U.S. Court of Appeals for the Eleventh Circuit.
In his ruling, Vinson repeated what he has said previously — that “the citizens of this country have an interest in having this case resolved as soon as practically possible.”
“That was nearly eleven months ago,” he wrote. “In the time since, the battle lines have been drawn, the relevant case law marshaled, and the legal arguments refined. Almost everyone agrees that the constitutionality of the Act is an issue that will ultimately have to be decided by the Supreme Court of the United States. It is very important to everyone in this country that this case move forward.”
I think Obama wanted to drag it out so they could get a large part implemented before going to Supreme court. Then argue it would be too hard to undo.
It continually amazes me how rapidly people on this site jump to instantaneous and WRONG conclusions.
If the source is Politico, Daily Beast, WaPo, etc., whatever they are spinning: believe the opposite.
Take a breath and learn from these experiences.
This ruling butchers the Obama Administration.
Spot on. He’s essentially telling the Obama Admin. to appeal it or cease and desist.
If this is Alinsky’s best and brightest right at the seat of power I’m not very impressed. Obama’s being checkmated over and over again.
Typical liberal... Obama imagines himself a world class chess player, fit to rule, while capriciously and unwittingly gaming at the checkers level.
You all are reading this wrong, thanks of course to Politico trying to spin this into a win, which is nearly impossible to do.
The USG asked for a clarification of Vinson’s previous ruling. Vinson clarified it:
You have 7 days to file an appeal of the ruling. If you don’t, then Obamacare is unconstitutional, and the law is void. If you do, then the Supremes will no doubt take it up and the matter will be decided there.
The USG thought they had months. Now they have days.
If the appeal fails, and the Supremes refuse to hear the case, the matter is settled, the law unconstitutional, and the law is void.
Vinson further pointed out that the case has been made, the briefs are written. Change the headers, add the color cover, and submit it. The matter is of the utmost importance to the citizens, and delay is improper.
Vinson basically said, “If you are going to appeal, get on with it.”
Folks, this is a great big WIN. Great big win.
Claire? Is it time yet?
“Why do I feel we’re so screwed?”
No, no! This is fantastic news. This means the Justice Department has seven days to put forth a winning case to the Circuit Court! Not only that, they have to do it with a case they have lost! Lost badly! The JD wanted to use one of the cases from a court that had ruled in their favor. In only seven days, the JD has to put forth an argument they may be “married” to when they go before the USSC! It’s somewhat like a deposition in that they can’t change or add to their argument once they quickly pull this case together in the next seven days. The JD was banking on making their argument to the USSC with a case they had won in the lower courts! Ha! As a law student, I think this is one of the best scenarios for the death of Obamacare.
Because we are. Thank all the “conservatives” who pitched a tantrum in ‘06 and ‘08 and stayed home because they diodn’t get the candidates they wanted.
Florida Judge Stays Health-Care Ruling, But Mandates Quick Appeal.
This just in: A federal judge in Pensacola on Thursday declined to order the Obama administration to stop implementing its health care law.
But U.S. District Judge Roger Vinson ordered the administration to seek an expedited appeal within seven days of his January ruling which struck down the entire law as unconstitutional. Click here for the Reuters story; here for the 20-page ruling.
The administration had sought clarification from Judge Vinson on whether the effect of his ruling would start immediately. In his opinion issued Thursday, Vinson clarified that, yes, the ruling was meant to start immediately — and would have the effect of operating as an injunction against the implementation of the law.
But then Vinson decided to treat the government’s motion to clarify in effect as a motion for a stay. He granted the stay, but mandated that the case be appeal be moved along quickly. He wrote:
Although the defendants’ pleadings present a reasonably persuasive argument for why the “public interest lies” in having my declaratory judgment and de facto injunction stayed pending appeal, almost every argument that the defendants have advanced speaks much more persuasively to why the case should be immediately appealed and pursued in the most expeditious and accelerated manner allowable. As both sides have repeatedly emphasized throughout this case, the Act seeks to comprehensively reform and regulate more than one-sixth of the national economy. It does so via several hundred statutory provisions and thousands of regulations that put myriad obligations and responsibilities on individuals, employers, and the states. It has generated considerable uncertainty while the Constitutionality of the Act is being litigated in the courts. The sooner this issue is finally decided by the Supreme Court, the better off the entire nation will be.
In other words, “I’m done with this thing. But let’s get a move on.”
I think he should have just taken - and kept - it under submission.
Not the first time I’ve jumped to conclusions based on the headline :).
Yes, this is a good thing. He’s setting a DEFINED deadline for the appeal.
0bama intended to keep implementing the unconstitutional law and “slow walk” it through the Supreme Court in order to get most of its hooks into our society before it could be killed.
Why is this not in “Breaking News”?
At first, I thought somebody had told Vinson, “Mighty fine looking family you’ve got there, Judge,” but now I realize Obama’s Thugistas were continuing with implementation anyway, regardless of the previous ruling.
So this stay really doesn’t change anything of any significance, other than speeding up the appeals process, maybe.
My thoughts: A Solomon moment here. Judge Vinson knows they have been implementing this after his ruling. Fla. AG Pam Bondi never brought a contempt of court because the administration had till the end of March to appeal. If the judge had told them to stop implementation, they would have continued to implement it quietly and waited till the end of March to appeal. Now...they have to appeal in 7 days. LOLOL!
And, if I am not mistaken, the JD must take the appeal to the 11th Circuit, which they did NOT want — they wanted to slow-walk to the 4th Circuit.
Shoulda know’d better than to kneejerk react to a Politico article.
What if they don’t appeal in 7 days? Is there anything that would stop them from continuing to implement it?
Rush Limbaugh has made for a clarification of the politico news breaking. The entire law is unconstitutional, Obama now has 7 days to file an appeal all 26 states will be able to void the entir ObamaCare. It is good news.
Rush Limbaugh said Vinson is telling them “If you don’t appeal in 7 days, the hc law considered is invalid for these 26 states.”
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