Posted on 03/03/2011 12:05:16 PM PST by 2ndDivisionVet
United States District Judge Roger Vinson of Florida wants to make one thing perfectly clear: he did rule the entire ObamaCare law unconstitutional.
Putting an end to weeks of weaselly language from Administration hacks and liberal pundits, Vinson confirmed that his January ruling killed ObamaCare stone dead. He was harshly critical of the Administration’s conduct since then, saying he did not expect them to “effectively ignore the order and declaratory judgment for two and one-half weeks, continue to implement the Act, and only then file a belated motion to clarify.”
The Judge displayed his annoyance with marvelous bursts of dry wit. “While I believe that my order was as clear and unambiguous as it could be,” he wrote in his ruling today, “it is possible that the defendants may have perhaps been confused or misunderstood its import. Accordingly, I will attempt to synopsize the 78-page order and clarify its intended effect.” That’s called “snark” when it comes from anyone except a judge.
Vinson makes good on his promise to clarify the situation in the remaining 20 pages of his ruling. Among other things, he reiterates that the unconstitutional “individual mandate” cannot be severed from the rest of the law, noting that Congress “knew for certain that legal challenges to the individual mandate were coming,” but “specifically (and presumably intentionally) deleted the severability clause that had been included in the earlier version of the Act.” This leads him to conclude that “the conspicuous absence of a severability clause… could be viewed as strong evidence that Congress recognized the Act could not operate as intended if the individual mandate was eventually struck down by the courts.”
In other words, Vinson saw plainly that every part of this massively complex legislation was tied into the individual mandate, so the constitutionality of ObamaCare is an all-or-nothing affair. There’s no way this monster can survive with its heart torn out.
Explaining why he did not include a specific injunction against implementation of ObamaCare against the plaintiffs in his case (which include over half the states in the country), Vinson cited precedent that establishes “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.” As the Judge has discovered, that’s a lot to presume with this lawless Administration, in which the President sits as the sole judge of constitutionality for laws his key constituencies don’t like.
Since he knows the Administration is hot to appeal his ruling, and he wants to “save time in this time-is-of-the-essence case,” he has decided to treat the motion to clarify as a request to stay execution of his ruling. 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.
Bfl
We need to continue to ramp up the pressure on this clown. I sense he is ready to blow. He is not capable of juggling Lybia, Health Care, loss of the House, lying about deficits, racial bias, immigration failures, Afghan War, Korea, Iran, and some other issues because his prime worry is getting reelected an imposing Obamalaw on the nation.
This latest bit where he lets in NON UNION drivers from Mexico to operate on our highways may be the wedge to separate him from some of his union pals. A few more pop offs by the Matt Damon’s of the world may begin to undermine his Hollywood adorance too or better, he will not be able to move to the center and keep those bases in tow.
Yes, once the enforceable ObamaCare buy-in was found unconstitutional, the whole thing falls apart.
What happens should the Government continue to ignore the ruling?
Paralyzed by recent events? The usurper has been paralyzed by any suggestion of a response to real-world events ever since his regime took power. I don't expect the socialists to move quickly despite the judge's clarification, in the next week or ever.
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26 governors can considered this null and void.
He can find everyone involved in contempt of federa court....a BIG no-no.
He can find everyone involved in contempt of federal court....a BIG no-no.
I understood every word of the original ruling, but since liberals everywhere are just ignoring it, the judge will issue a statement that says “Obamacare is Unconstitutional, VOID and NO part of it is legal in any way”.
This is a wonderful explication of the case. The judge is going to deny the stay, in my opinion, because of the overhwleming harm to the public of continuing to implement a law that is, in the court’s view, unconstitutional. Then he will do whatever he can to get the case moving up the appellate chain.
Has the administration even appealed this ruling yet? What in the world?
We’ll see in a week, I guess.
The judge lifts the stay, thereby enforcing, legally, his ruling from a month ago.
Should the administration continue ignoring the Judiciary, a massive Constitutional crisis will erupt, and no one - NO ONE - can imagine what will follow from that.
Personally, I think we're getting real close to a number of things coming to a head simultaneously.
Whatever the outcome, it won't be good - for anybody.
CA....
Bravo to Judge Vinson! It’s about time the judicial branch called out Obama and his lawless administration, especially on the unconstitutional monstrosity we call ‘ObamaCare’.
The judge has, in MY opinion, shown himself to be a first class PUSS!!! He should have IMMEDIATELY issued the injunction today that he SHOULD have issued last month. Instead, he gave the Hussein regime another WEEK to implement a law the judge RULED UNCONSTITUTIONAL!!!! What the hell is that??? Anyone still wondering why the nation is in trouble, note that leftist judges IGNORE the law and IGNORE the Constitution in their rulings. “Conservative” judges don’t have the GUTS necessary to DEMAND a criminal White House occupant stop implementation of a law the judge himself found UNCONSTITUTIONAL!!!!! Incredible.
I agree with Vinson however I also believe in 7 days the court of appeals will stay his ruling during the appeal.
Lets all pray that the Odumbo administration does not make its deadline. It is than found in contempt of Court, by all involved. I really want to see Odumbo frog marched out of the White House, and Eric Holder pushed out the door at the DOJ. Just let the public have advanced notice - So it can be present to celebrate. stock markets rises and employers would rehire immediately. Odumbo out of office would be the greatest thing to happen to the USA.
Well, think of DOMA. Zero and Holder think they can ignore the law, it's just a logical next step to either interpreting the judge's decision their way, getting a liberal judge to issue a "clarifying" rule in their own favor (not legal, of course, but why would that stop Zero), or just ignoring the judiciary altogether.
It's coming, folks. Zero is gathering all power to him and he has his brownshirts (Democrat party) and propaganda machine (the "media") to try it.
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