Ok I get that this was “reported” but the judge issued a declaration that the law IS void. Unless that ruling is stayed or vacated, how can the executive branch legally continue to implement this?
I believe the judge laughed to himself when he included that little tidbit in his ruling. He realizes that implementation of Ubama's communist health care plan isn't going to happen without money, and the money for implementing Mengelecare must be approved by the GOP-controlled House.
If the GOP-controlled House devotes one thin dime to Mengelecare, they will be out on their asses in 2 years.
Because the individual mandate does not come down on our necks until 2014, thus there is no urgent need to issue a restraining order.
Of course the termites will continue to chew on the wood of the Republic until then even if it is a foregone conclusion. That's just the way 'bamanites are.
Not so.
The judge is essentially enjoining the administration from implementing Obamacare.
The following is excerpted from commentary entitled "Obamacare Fails" at the blog Cato@Liberty:
Excerpts from the opinion:
Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void.What’s more, it appears that the Obama administration must seek intervention from a higher court if it wants to keep implementing ObamaCare. Even though Vinson declined to issue an injunction forbidding the administration to implement the law, he did so because of:
"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”…”declaratory judgment is, in a context such as this where federal officers are defendants, the practical equivalent of specific relief such as an injunction”…Thus, the award of declaratory relief is adequate and separate injunctive relief is not necessary."In other words, absent intervention from a higher court, HHS must now sit on its hands.