Sunday, March 6, 2011

Judge Vinson to Obama: Speed up the Appeal or Stop Implementing Obamacare | The Foundry: Conservative Policy News.

Judge Vinson to Obama: Speed up the Appeal or Stop Implementing Obamacare | The Foundry: Conservative Policy News.

Vinson’s original order on January 31 could not have been clearer: He declared the entire law unconstitutional and specifically said that, because he presumed that officials of the executive branch would adhere to the law as declared by a court, his declaratory judgment striking the law down was the functional equivalent of an injunction. Judge Vinson wrote then that he presumed that the executive branch would follow his order, which any lawyer (including a lawyer President) would know requires them to cease implementing Obamacare with respect to the 26 states that are plaintiffs and the National Federation of Independent Business. That turned out to be a faulty presumption, indeed.

After waiting more than two weeks, the Obama Administration filed an insulting motion that essentially said the federal government would not comply with the judgment unless Judge Vinson issued another order “clarifying” that he really meant what he said: that the executive branch was enjoined from implementing this unconstitutional law. This was a political motion, not a legal motion that any serious litigator would file. In fact, Judge Vinson said that if the government was really unable to understand his original order, “[i]t was not expected that they would effectively ignore the order and declaratory judgment for two and one-half weeks, continue to implement the Act, and only then file a belated motion to ‘clarify.’”...

Another strike for AG Holder to resign and stand trial for shipping arms to Mexico's Drug Cartel.

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