Judge Orders: Appeal Obamacare Now

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While acknowledging that the Supreme Court will be the final arbiter of the case, Vinson told the Justice Department to move with haste in making its appeal to the Court of Appeals. “The sooner this issue is finally decided by the Supreme Court, the better off the entire nation will be,” he wrote.

Justice Department spokeswoman Tracy Schmaler gave this response to Judge Vinson’s latest ruling:

We appreciate the court’s recognition of the enormous disruption that would have resulted if implementation of the Affordable Care Act was abruptly halted. We welcome the court’s granting of a stay to allow the current programs and consumer protections, including tax credits to small business and millions of dollars in federal grants to help states with health care costs, to continue pending our appeal in the Eleventh Circuit.

We strongly disagree with the district court’s underlying ruling in this case and continue to believe—as three federal courts have found—that this law is constitutional. [Three courts have found the law constitutional, but their rulings have not been of the powerful, all-encompassing, and legalistically persuasive nature of Judge Vinson’s decision.] There is clear and well established legal precedent  that Congress acted within its constitutional authority in passing the Affordable Care Act and we are confident that we will ultimately prevail on appeal.

Thus, a brazen display of overconfidence from a slap-hazard department.

The Vinson ruling also had strength in that 26 state attorneys general were plaintiffs in the case as well as the Federation of Independent Business.

The DOJ’s Motion to Clarify seemed to ask the judge to define the meaning of the decision for the government is considered procedural but unusual. In this case, Judge Vinson issued Summary Judgment for the plaintiffs, meaning there were no issues of fact to decide. So, the only matters to be decided were questions of law. The result of this Summary Judgment was a Declaratory Judgment that declared as a matter of law the individual mandate and the whole Affordable Care Act were unconstitutional.

Judge Vinson declined to issue an injunction, which would have required detailing for the parties their exact duties connected with his decision. It would have required special hearings to take up legal questions.

Judge Vinson also did not issue a stay of the effect of his order. A stay would have meant that the parties would not be bound by it until a higher court made a decision based on the appeal. Because Judge Vinson didn’t stay his order, its effect was immediate and effective unless overturned by a higher court.

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  • davarino

    So stop enforcing any of the legislation now. This is not democracy when obama care was jammed down our throats and now that a judge has ruled it unconstituional to continue as though nothing happened. Thank God the democrats lost big in November. Can you imagine if they had'nt been stopped. The democratic process would have been to execute the judge and put down all descent. Do away with the Supreme Court and make O the king of America.

    America wins again

    • sflbib

      It ain't over til the fat lady sings.

      • USMCSniper

        There is no stay or injunction, and the Supreme Court has not even agreed to hear an appeal of Judge Vinson's ruling, so his ruling of Obamacare as unconstitutional is the law of the land and Congress must totally defund the Obamacare bill and the Attorney General must declare the leagal aspects of Obamacare nul and void, IF THEY WOULD FOLLOWING THEIR OATHS THEY ALL TOOK TO FOLLOW AND DEFEND THE CONSTITUTION OF THE UNITED STATES, But I guess the law of the land is just for the great unwashed not the elitest progressives.

  • Maggie

    IIFthe Supreme Court DOES rule that it is Constitutional,
    then we will know that our country has been sold out by our government.

    The reason why this sham of a health care bill is being jammed down our throats is because it is really a "DHIMMI TAX!"

  • Fred Dawes

    This would be great news if you live under the rule of Law, but no matter what the judge will say no matter what the ruling is no matter how unconstitutional it is it will be forced down our throats, here is how it will be done, by taking money out of your pay check each week, it will become a health care fee on you, the name is TAX, Maggie understands how the system works. You can yell outrage you can call it what you want its always goin be a TAX! the next move will be on where you live how much food you eat how you get to work where you work, its call collectivism or just good old Communalism; you know! "the ideals that killed 500,000 million people in 70 years", And God help you when it takes you over your life will become a hell on earth.. Maggie gets the point, and listen to what obama is saying about mass race and political/ Immigration and understand the move on our human and civil Rights and understand one fact it has started here by our enemies here inside the USA; And it is a plan to remove you from this earth once and for all.

  • Doug

    This is another Great article. It has a lot of information and needs to be read by all. I wish some of the media in in this country would and could enlighten some of the people on this.

  • oldpuppymax

    Sorry judge, but you are a typical Republican puss!!! You should have signed an injunction with your original decision. Thinking it unnecessary because you were dealing with the President was George Bush-type stupid! Trusting a leftist to do the right thing…how dumb can one be. And now you are giving Hussein even MORE time to ignore you and your ruling. Shrewd, judge. Yeah….that will show 'em alright!!! Find someone to perform a SPINE implant and sign the injunction, judge. Then do whatever a federal judge can to bring charges against members of the Hussein regime. Anything less is a waste of time and makes you look like the wimp you seem to be.

    • USMCSniper

      You are too stupid, ignorant, and uneducated to even suspect that you are. An injunction is not even necessary you idiot, reading the rulings of the court.

      • Ron

        Amen

      • oldpuppymax

        Dear USMCsniper,

        Yes, I KNOW an injunction should NOT be necessary. Vinson made that quite clear in his original opinion. The point is he was stupid eough to actually believe Hussein would do the RIGHT THING as a President!! Marxist thugs understand only FORCE and THREAT! Anything else, they take as a sign of weakness. Given the ignorance of your reply, I'll end here. Take the week or so necessary to get through the text of my comment and pick up your crayon to respond.

  • joe

    The upheaval that would result would be the Inabity of the government to steal billions of dollars from the citizens. The upheaval would also be the unrestrained increase of employment as businesses were able to keep money for capital.