Posted on 03/03/2011 7:13:29 PM PST by RobinMasters
The clock is ticking on the Obama administration’s plans to implement Obamacare.
That was the bottom-line result following a federal judge’s ruling Thursday giving the administration just seven days to file an expedited appeal either to the U.S. Supreme Court or the 11th Circuit Court of Appeals.
If the administration misses that deadline, it could face an injunction that would bring its implementation of Obamacare to a screeching halt in 26 states.
Judge Roger Vinson’s 20-page ruling chastised the government for dragging its feet before seeking a stay, or temporary suspension, of his January ruling that the Patient Protection and Affordable Care Act is unconstitutional. Vinson previously ruled that requiring individuals to make a federally mandated purchase -- buying a healthcare plan -- exceeds the federal government’s constitutional authority to regulate interstate commerce.
(Excerpt) Read more at newsmax.com ...
ping
“Face an injunction” — followed by a serious letter, no doubt. A completely lawless administration would sneer at an injunction. Maybe the judge can get the Justice Department and AG to enforce it?
The nation is quickly descending into lawlessness and it is being foisted upon us from the Chicago thug and crook at the top. We are in very deep doo-doo.
Loved his message but why give another week? A week to Barry is a year.
Oh, please, kill this hideous monster!
Best Illegal minds are working on this tonight. They need to figure our how to delay the proceedings while they continue to implement. Which court will they go to? With what plea?
I hope our good FL judge has security.
Levin says that Judge Vinson basically called out the Obama administration for their legal ‘tricks’. The Obama administration filed a motion that said they wouldn’t comply the Judge’s decision unless he clarified what it meant. The judge turned it around on them with a clever compromise. He granted them a stay of his decision for seven days if and only if they file an expedited appeal to have ObamaCare heard in the Supreme Court.
http://www.therightscoop.com/levin-obama-admin-lost-big-time-in-court/
So who’s article is correct here?
Your article mentions an appeal to either the SCOTUS or the 11th Circuit.
The Right Scoop article only mentions an appeal to SCOTUS.
Normally I know the usual route would be to the 11th circuit and then onto the SCOTUS. However, it appears as though given the importance and ramifications of states continuing to implement obamacare is Judge Vinson simply urging a bypass of the 11th circuit or stating that SCOTUS will be the next venue?
Possibly the Right Scoop article fails to mention the 11th circuit.
You can read the order on other threads that have been posted here. What the judge did was explain, clearly irritated, that he killed Obamacare. Then, the government ignored him and went right on implementing it until they got around to filing a motion to “clarify” just to keep stringing it along.
Instead the judge said I'll not only clarify it, I'll treat your motion as a request to stay so you can appeal. So, one more time it is unconstitutional, and you have a week to appeal it, or you lose out on a chance to appeal.
They gave him the finger, he cut it off.
Judge Roger Vinson: the ONLY man in America; I salute you.
It needs to come to a screeching halt in all 57 or 58 States
TT
They snubbed their nose at the judge’s initial ruling. What makes anyone think they’re going to take this latest directive seriously?
Obama may as well be king for all the import he gives the two other branches of government.
True, but those 26 states that are part of the lawsuit will in turn say ‘screw you’ to Obama. I’m sure others will jump on who weren’t part of suit. Kind leaves his position pretty threadbare.
Actually, this gives Zero a week to find a more sympathetic judge to strike down Vinson’s order.
It seems that Judge Vinson just told hussein & co. to file an expedited appeal to a higher court without specifying a court. My guess is it will be an appeals court otherwise, hussein & co. may risk the USSC declining to hear the case because of having bypassed the court of appeals for a non-urgent (non-urgent meaning it's not as if a presidential election is being held up) case.
III. Conclusion As I wrote about two weeks after this litigation was filed: “the citizens of this country have an interest in having this case resolved as soon as practically possible” (doc. 18 at 4). That was nearly eleven months ago.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 as soon as practically possible.
Therefore, the defendants’ motion to clarify (doc. 156) is GRANTED, as set forth above.
To the extent that motion is construed as a motion to stay, it is also GRANTED, and the summary declaratory judgment entered in this case is STAYED pending appeal, conditioned upon the defendants filing their notice of appeal within seven (7) calendar days of this order and seeking an expedited appellate review.
DONE and ORDERED this 3rd day of March, 2011.
Full text of Vinson ruling here:
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