Posted on 03/03/2011 7:27:09 PM PST by NolibBias
(A1NewsPage.com) Federal Judge Roger Vinson again stated that the Obamacare law is unconstitutional and gave the Obama Administration only 7 days to appeal his order in the 11th Circuit Court of Appeals. The judge said the Congress exceeded its authority with an individual mandate to buy insurance and that his order included all parts of the law because it is unseverable to the rest of the act.
I predict the Obama administration thumbs their nose once again, at this latest ruling. What’s the judge going to do, slap them with a “contempt of court” ruling? Who’s going to enforce it—the Justice Department? Obama will ignore this, and cause yet another, Constitutional crisis.
Meanwhile, the WSJ is reporting the same story under the headline “Judge gives Obama care reprieve”. WTF?
Meanwhile, the WSJ is reporting the same story under the headline “Judge gives Obama care reprieve”. WTF?
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It was a 7 day reprieve.
It would only become a constitutional crisis if Obama ignores the court’s order AND Congress then refused to impeach/convict. So, if Obama ignores the court it would land squarely on the House to take the next step...and the House has an “ear” toward their constituents right now for the most part. My guess is that a genuine threat of impeachment (drawing up articles) would do the trick (get Obama to comply).
I figure Obama will likely file an appeal within the time frame given and then try to keep implementing until a final decision is made on the appeal by the SCUSA.
I would've thought it would be in the administration's best interests NOT to have SCOTUS rule on this for as long as possible. Given that Obama would likely receive very good media coverage, he'd probably love for the House to take on impeachment. Just imagine the headlines: "GOP House Tries Yet Again to Take Down Popular President!" and "Reid Says No Way in Hell President Will be Convicted!"
should have read:
“Judge orders Obama, APEAL OR SHUT UP.”
I agree with you that the Obama administration would want to delay as long as possible, but the ability to delay longer than 7 days was basically taken away from them by the court’s decision. The way I understand it, the judge granted a stay of his original order IF the defendants file for an appeal within a 7 day timeframe.
The judge further requested that the appeals court expedite the appeal so that it could be heard by the supremes as soon as possible. I don’t know if the appeals court will honor the lower court’s request, but I suspect they will, and if they do then the defendant’s ability to delay has been effectively and considerably limited.
Therefore, if my analysis is correct then the only avenue left for the administration to continue to drag their feet is to simply ignore the court and that is where the threat of impeachment becomes more viable (the Executive willfully and blatantly defying a federal court order would not sit well with the vast majority of the American people in my opinion).
In other words, the Administration was effectively boxed in by this judge... either comply with the order of the court or face the consequences which would include but not be limited to a real threat of impeachment. Again, I suspect the administration will blink and file the appeal within the 7 day window.
Or does Vinson's original ruling ... a functional equivalent of an injunction ... remain in force? KB=confused here.
My understanding is that Vinson’s original ruling is basically “on hold” until the appeals have run their course, assuming that the Administration complies with his 7-day timeframe.
Therefore, lacking a specific injunction restricting the Administration during the appeals process, the law is still in effect and the “implementation” of that law can legally go forward. That’s the reason, I presume, the judge asked the appeals court to expedite the matter so it can get to the Supreme Court as soon as possible.
At least, that’s the way I see it but I’m certainly no legal expert.
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