Thursday, March 03, 2011

Judge tells Obama to stop ignoring order to stop Obamacare

Mark Levin says the order by Judge Vinson in Florida is a reprimand to Obama's lawyers. Obama has refused to obey Judge Vinson's order of January 31. Vinson says "get moving."

Mark Levin

The Obama administration got a well-deserved rebuke today from Judge Roger Vinson in the Florida lawsuit challenging the constitutionality of Obamacare (aka the Patient Protection and Affordable Care Act as big government types insist). Judge Vinson issued a new order in response to a bizarre and obtuse “motion to clarify” that the Department of Justice (DOJ) filed on February 17.

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.

So Vinson said "don't try to stall. Get moving."

John Hayward at Human Events

Thursday was a tough day for ObamaCare.  In the most spectacular news, Judge Roger Vinson clarified his earlier ruling on Thursday, explaining that he did indeed strike down the entire law as unconstitutional, so it can’t be implemented against any of the 26 states that were party to the suit he ruled on.  Vinson was brutally dismissive of the Administration’s delaying tactics, and their attempts to ignore his ruling, questioning their comprehension and legal skills with dry wit.  He gave the Administration seven days to file its expected appeal.

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