White House Calls Ruling Striking Down Health Care Law 'An Outlier' (possible contempt?)

ABC News ^ | 1/31/11

[Libloather]

White House Calls Ruling Striking Down Health Care Law 'An Outlier'
January 31, 2011 6:20 PM

ABC News' Sunlen Miller reports: Senior White House officials called today’s ruling striking down the health care law “an outlier” and are confident that it will be overturned on appeal.

A federal judge in Florida struck down the Obama administration’s health care law ruling that because a central provision of the law is unconstitutional the rest of the law cannot stand without it. Judge Roger Vinson of the Northern District of Florida ruled that the individual mandate -- which requires individuals to purchase health care by 2014 or pay a penalty -- "exceeds Congress' commerce power."

The ruling marks the first time a federal judge has struck down the entire law. "I must conclude that the individual mandate and the remaining provisions are all inextricably bound together in purpose and must stand or fall as a single unit," the judge ruled.

Noting that the judge did not order the government to stop implementing the law, a senior administration source said "implementation will proceed at pace."

[andyk]

What is the federal order? I have not been able to find any details on that.

[ScottfromNJ]

“but lets them continue with implementation as they go through apellates”

Implementation won’t occur until 2014. There’s nothing for the judge to block at this point.

[Vendome]

Really? The I won’t have to fill out all those 1099’s?

[kevslisababy]

I heard that too, but who would officially make that charge, to who/what, and how would it proceed. What would it take to make the case?

[Windflier]

"Noting that the judge did not order the government to stop implementing the law, a senior administration source said "implementation will proceed at pace."

I believe the word the "journalist" was looking for was 'apace', not "at pace".

That said, the un-named "senior administration official" is either lying about the judge's order, or he/she did not read the judge's ruling, which clearly states that Obamacare is unconstitutional.

The judge also made it clear that he expects for the government to abide by his ruling and to cease all implementation of Obamacare.

[RipSawyer]

“Such is the sad state of liberalism. Liberalism has become a laughingstock in this country now because everybody realizes that liberalism is nothing more than thinly veiled communism.”
/////////////////////////////////////////////////////////////

Must be a mighty damned thin veil, I can’t see it and my eyes are supposed to be good.

[Windflier]

What is the federal order? I have not been able to find any details on that.

The "federal order" is the text of the judge's ruling. The text of the ruling has been posted on other threads about this story, tonight.

[Hoodat]

Even without funding?

Yes, even without funding. They are currently funding Fannie Mae and Freddy Mac without Congressional approval by drafting funds directly from the Fed. The Law and the Constitution mean absolutely nothing to these people.

[GOPJ]

Why Obamacare Was Ruled Unconstitutional - A must see:

http://www.youtube.com/watch?v=LgQUhDHP7UI

[andyk]

The "federal order" is the text of the judge's ruling.

Yeah, right.

[Windflier]

"The "federal order" is the text of the judge's ruling."

Yeah, right.

As it now stands, Judge Vinson's ruling is a federal order, for want of a better term. Whether the Obama administration chooses to abide by, or to ignore that order, is up to them.

Most likely, the Obama DOJ will file for a temporary stay, while the appeal works its way through the system.

[Major Matt Mason]

Let's not forget the FCC moving on "net neutrality" even after a court told them they have no jurisdiction to do so. The Obama Administration - ignoring the courts and the American people for two years running.

[andyk]

As it now stands, Judge Vinson's ruling is a federal order, for want of a better term. Whether the Obama administration chooses to abide by, or to ignore that order, is up to them.

Considering that this ruling does not enjoin them from continuing to implement the law, I'm not sure how they could act in a way that ignores the order. That's where my confusion lies.

[andyk]

Noting that the judge did not order the government to stop implementing the law, a senior administration source said "implementation will proceed at pace."

So after parsing the article a bit more, I suppose the question I have is whether the administration's view that they are not ordered to stop implementation is based on a generous reading of the text, or if it being declared unconstitutional is all the ordering the judge needed to make to indicate it could not be implemented.

I confess I only made it through the first 10 pages of the ruling before I had to get back to my homework. :)

[Windflier]

I confess I only made it through the first 10 pages of the ruling before I had to get back to my homework.

Go straight to page 75 of the judge's ruling. Your answer is there.

In essence, the judge said that an injunction was unnecessary, as his ruling that Obamacare is unconstitutional strikes the law down. It can't be enforced or implemented by the administration, unless they blatantly ignore this ruling.

[Windflier]

Considering that this ruling does not enjoin them from continuing to implement the law, I'm not sure how they could act in a way that ignores the order. That's where my confusion lies.

Andy, you really do need to take a few minutes and get up to speed on the full extent of Judge Vinson's ruling.

It most definitely DOES enjoin the Obama administration from implementing Obamacare. Skip forward to page 75 of the ruling for your answer.

[andyk]

It most definitely DOES enjoin the Obama administration from implementing Obamacare.

My subsequent post clarified that I suspected a generous reading on the part of the administration was the reason for their insistence that they were not enjoined from proceeding with implementation.

Thanks for the pointer to page 75.

[andyk]

few minutes and get up to speed on the full extent of Judge Vinson's ruling.

Haha, it would take me 3-4 hours to read the whole thing. There are too many enticing works cited.

[HereInTheHeartland]

Obama’s Reverend Wright belief system is the “outlier”.

Mr Obama, the nation has rejected your radical collectivist political views. You are a outlier.

[hal ogen]

nobama is the out-liar.