Posted on 03/03/2011 10:02:40 AM PST by jazusamo
Thanks.
Thank you much, AM!
———delaying is what the obams wants to do———
Ahh the stress of being President. The union stranglehold in Wisconsin is going to hell. Ohio seems to have been flushed down the tubes. The world is ignoring my statements on Libya. The money for investing is being strangled. And now this!!
March is hell By April he will be totally gray
Indeed this is GOOD news. My only concern is that it looks like the future of the Republic may rest in the hands of Anthony Kennedy.
I like your explanation. To the point brother.
O really is one big mistake for dragging the country through this attempted power grab.
Limbaugh is saying this judge is ticked and in effect telling the Obama administration “You are disrespecting my ruling.” Rush said this admin. was wanting to run out the clock and implement as much as possible.” The judge is ticked.
If it’s going to take ~3 years to implement the entire $1 trillion package, another week will only cost us a little over $6 billion - we can print that up over the weekend.
If they do not appeal the ruling in 7 days, I would think they have no other recourse but to forget about the Supreme Court and Rush Limbaugh said after that if they continue implementation after 7 days, they could have repercussions from Judge Vinson they won’t like.
Well if they appeal wthin 7 days, they have a stay until another court decides its fate. the next court could definitely drag its feet for a year or two. Then they can continue to implement this law.
So to me, it doesn’t seem to be a huge victory.
I got skills
lol
"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 ... as soon as practically possible," Vinson said.
Vinson added that his summary judgment is stayed pending appeal, a small victory for opponents of the law who said the motion to clarify was an attempt to buy some time or delay the progress of the case out of Florida since many of the 26 states announced they would not proceed with implementing the law.
Florida Judge Orders Obama Administration to Expedite Health Care Appeal
In the Vinson ruling, the Justice Dept must request an EXPEDITED appeal.
The appellate courts — whether the 11th Circuit or the USSC - do not turn down an expedited appeal from the US Justice Dept over a constitutional matter.
“What if they don’t appeal in 7 days? Is there anything that would stop them from continuing to implement it?”
If they fail to appeal within the seven days, they have essentially accepted the ruling of Judge Vinson as the ultimate word on Obamacare. Having said that, they can try some legal procedural maneuvering to buy time. Here’s the bottom line: By asking Judge Vinison for clarity, the judge forced them to take their losing argument (the Justice Department argued Obamacare is a tax and not based on the Commerce Clause) to the next highest court of appeals. No matter the decision of the next appeals court, the Justice Department has to stick to their losing argument. Should they choose to ignore this mandate by the judge, they put this case in the direct path of the other Obamacare cases working their way up the appeals process. They can’t then argue that Obamacare is constitutional in those cases while accepting judge Vinson’s ruling that it is not. (Remember, Vinson declared all of Obamacare unconstitutinal, not just parts of it) Do you see the legal quandary they are now in? This is not good. This just gets worse and worse for the health of Obamacare. (pardon the pun) I hope this was helpful. :)
Short answer to your question: It can’t be legally implemented as of right now.
Anyone have a feel for the disposition of the 11th Circuit?
Correct. 11th Circuit. That’s what was stated on Fox.
I’m not up on the specifics of the differences, except I know the 9th is a freak show.
Only in the 26 states. Chris Christie can’t say the ruling will help New Jersey even though he didn’t submit a brief?
I heard on Fox that the 11th Circuit is a court friendly to Judge Vinson and that Judge Vinson’s rulings are so thorough and he is so well respected that his rulings have NEVER been reversed by any court!
It looks to me like the judge is giving them 7 days to act, or else. Here’s a Human Events piece.
excerpt:
“He’s given the President’s people seven days to file an appeal. The Obama Administration has been paralyzed by foreign and domestic events over the past few weeks. We’re about to see what it looks like when they move very quickly.”
http://www.freerepublic.com/focus/f-news/2683164/posts
Yeah, I know, Meghyn Kelly reported that on her show
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