Would you like to expound on this a bit? It is not obvious.
I understand the severability issue. But a simple injunction would certainly be appropriate if you are correct. I'm betting that the reason that there is no injunction is because the Judge believed it would have been immediately appealed and overturned pending blah, blah, blah.
You can’t order injunctive relief for a law that on it’s face doesn’t exist. He declared the HCRA law in it’s entirety unconstitutional. Thus, it doesn’t exist. Thus, no injunctive relief is required.
The Feds are going to have to head to the 11th Circuit (or the SOTUS)to get a stay of the lower court’s ruling to keep the law theoretically intact.
Poster alancarp addresses that above at #212
“The last issue to be resolved is the plaintiffs’ request for injunctive reliefenjoining implementation of the Act, which can be disposed of very quickly. Injunctive relief is an “extraordinary” ..., and “drastic” remedy.... It is even more so when the party to be enjoined is the federal government, for there is 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.
“... There is no reason to conclude that this presumption should not apply here. Thus, the award of declaratory relief is adequate and separate injunctive relief is not necessary.”
212 posted on Monday, January 31, 2011 3:11:40 PM by alancarp
in addition, re-read #288
I'll try... The judge stated that injunctive relief was an extraordinary thing, and thus not to be taken lightly.
Notwithstanding, he wrote that because the defendant in the case is the Federal Government, there is "long-standing presumption" that the law will be followed, and thus his ruling had the effect of an injunction as he is trusting that the government will adhere to the ruling and stop implementing the legislation he has ruled against.
Two problems with that, of course: (a) it's still in force in 24 states... maybe 31 if Obama is counting them... and (b) this administration has already demonstrated an ability to ignore rulings by Federal judges (c.f., the ruling on their Gulf of Mexico oil drilling moratorium).