Fed Judge Issues Stern Words to Obama Admin: One Week to Appeal HC Ruling
- Posted on March 3, 2011 at 2:14pm by
Jonathon M. Seidl
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A federal judge in Florida issued some stern criticism aimed at the Obama Administration today, after the Justice Department tried to bog down his decision ruling all of the president’s health care overhaul unconstitutional.
District Judge Roger Vinson told administration attorneys they have seven days to appeal his decision. If they don’t meet that deadline, Vinson said the states can then consider the law invalid.
Florida and 25 states sued to block the law, and Vinson ruled on Jan. 31 that the entire law was unconstituitional. Instead of appealing the ruling, however, the administration waited two and one-half weeks to file for a clarification, asking if his ruling meant amounted to a “stay” of the law.
“The conspicuous absence of a severability clause — which is ordinarily included in complex legislation as a matter of routine — could be viewed as strong evidence that Congress recognized that the Act could not operate as intended if the individual mandate was eventually struck down by the courts,” Vinson wrote in his remarks Thursday.
In the meantime, Vinson did issue a stay of his ruling pending the administration’s appeal to the 11th Circuit — which must be “expedited,” according to his statement. In essence, then, states must continue implementing the president’s health care overhaul even though he has declared it unconstitutional.
Lyle Dennison at SCOTUSblog explains the latest ruling:
A Florida federal judge who struck down all of the new federal health care law ordered the Obama Administration on Thursday to stop enforcing any part of the 2,700 page statute — but then immediately put his ruling on hold on condition that the Administration move quickly to appeal to a higher court — a federal appeals court or the Supreme Court. [...]
Although saying that he thought his decision on Jan. 31 nullifying the law was clear enough, the judge did acknowledge that some confusion has arisen around the country about whether he intended to block all parts of the law — including provisions already in effect. He thus summarized what he had ruled earlier, then declared — as he had not done before — that his decision was the binding equivalent of an order totally blocking enforcement.
“The sooner this issue is finally decided by the Supreme Court, the better off the entire nation will be,” Vinson said. “And yet, it has been more than one month from the entry of my order and judgment and still the defendants have not filed their notice of appeal.”
The Associated Press contributed to this report.
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Comments (157)
timeisnow
Posted on March 3, 2011 at 2:44pmHell Yeah! Obama already knows he is loing this argument…Wisconson needs to seperate that bill and get r done already
Report Post »GONESURFING
Posted on March 3, 2011 at 2:42pmYes, a judge with some common sense. Thank you.
Report Post »BBReggie
Posted on March 3, 2011 at 2:42pmThis judge is outstanding!
Report Post »Pyx
Posted on March 3, 2011 at 2:42pmJudge Vinson just told Oblahblah to stop attempting to play out the clock.
Report Post »NC
Posted on March 3, 2011 at 2:41pmThis ruling will make little difference in how the administration conducts the peoples business.
BHO and his cronies are above the law. How dare a federal judge tell him what to do.
NC (reminds The Blaze readers that the state of NC will be joining the other 25 states objecting to Obamacare)
Report Post »vennoye
Posted on March 3, 2011 at 2:52pmThis Justice Department thinks justice means whatever they want it to be…..what ever laws they decide to enforce or defend…..or not defend.
Report Post »Rogue
Posted on March 3, 2011 at 2:40pmLook for this to be deferred to the appellate court, not the supreme court. Obama will continue to try to stall this out until after the 2012 elections at all costs. They’ll try to hold this up at the appellate level for as long as possible.
Report Post »rodamaa
Posted on March 3, 2011 at 2:37pmFinally, a healthy doze balls!! Speaking of balls, I hear that the Wisconsin senate has issue a resolution giving the outlaw democratic senators a deadline and will be held in contempt of Senate and issue order to bring back senators by force.
Report Post »Blackhawk1
Posted on March 3, 2011 at 4:26pmThat is very true. The runaway Senators have till 4 p.m. today and they will be in contempt. Tomorrow the speaker can ask for arrest warrants and the cops can go get the cowards to bring them back to the Senate floor in chains if necessary.
Here is part of the news.
The Wisconsin Senate voted and passed a resolution today calling for police to detain and take into custody the 14 democratic senators for contempt, after having fled the state on February 17 to Illinois to avoid voting on the Budget Repair Bill. Republican Senate Majority Leader Scott Fitzgerald has consulted an attorney on the issue. James Troupis, a private attorney spoke with Fitzgerald about the constitutionality of the resolution and has determined it is legal, because the state Constitution affords each house the ability to “compel the attendance of absent members.” The resolution includes the action of the sergeant at arms with authority to take any and all steps necessary, with or without force and assistance from the police, to bring the 14 absent Democratic Senators back to the Senate Building.
Report Post »johnpaulkuchtajr
Posted on March 3, 2011 at 2:34pmWhat a shame if Holder‘s DoJ is sooooo busy suing the state of AZ that they don’t have the manpower to comply with the judge’s order! That would be just terrible, wouln’t it?
Report Post »Untameable-kate
Posted on March 3, 2011 at 3:54pmDOJ sues us if we sneeze these days. We just passed a law that the fed can’t force us to purchase anything under the commerce law. Nanny nanny poo poo on Holder and the Department of Jackasses.
Report Post »criticalpuppy
Posted on March 3, 2011 at 2:34pmMe loves me some NO NONSENSE judge!
Report Post »J.C. McGlynn
Posted on March 3, 2011 at 2:33pmThe Obummer tried to play a game to get an extension by questioning the ruling to get an extra 30 days. Judge says “No way,snot nose.” I believe I like the way this guy thinks.
Report Post »jackeric61
Posted on March 3, 2011 at 2:33pmJust goes to show that justice has a price. If you have more money and power you get more “justice” Us poor folk would have been tried convicted and jailed by now or at least jailed and waiting for justice.How much longer does the affordable care act, aka healthcare reform, aka obamacare or what ever name it is this week going to be a drain on our economy no one knows what the hell is in the bill that is going to bite us in the a$$ in years to come. Come on congress defund this junk and get it over with, we have waited long enough.
Report Post »Gonzo
Posted on March 3, 2011 at 2:32pmHey Boom!Winning
Report Post »What’s with the Charlie Sheen obsession? Give it a rest.
Mackerel
Posted on March 3, 2011 at 3:34pmYeah….You sound like some Rock Star from Mars.
Report Post »HappyStretchedThin
Posted on March 3, 2011 at 2:29pmNow THAT’s hope and change I can believe in!
Report Post »El Jefe
Posted on March 3, 2011 at 2:27pmIf the squashing of this holds up, is Obama done? I mean, everythig he worked for for more than a year will be flushed like a #duece…:-)
Report Post »Mil Mom
Posted on March 4, 2011 at 1:18am@ Mr Clean
Report Post »He will definitely lose it big time when we the people WIN
**************
The question is ; WHAT WILL HIS HANDLERS DO IF HE LOSES IT BIG TIME ?
(( The Tele-Prompter has tooooooo much time and money invested to just quietly turn and walk away. {Wouldn’t be pretty!}
( Speaker mumbling. “Uh, I, Uh, think, Uh, that, Uh..”…Teleprompter claps together, attaching itself to chin and ears, but mildly reminiscent of a snapping turtle……”Uhowuhowuhowhoooowiel..!!!!” ))
leftiesaredangerous
Posted on March 3, 2011 at 2:25pmHolder will be busy over the next few days.
Report Post »Mister_Bill
Posted on March 3, 2011 at 2:25pmWhat kind of insult is this Administration trying to pull off. We deserve to have a proper answer as to what is going on. This reminds me of FDR and his Progressive policies that the Supreme Court Knocked down. If you can pass it we will implement it until it is declared unconstitutional. That is not how America works best.
Report Post »Freddd
Posted on March 3, 2011 at 2:24pmGreta is saying Obama won, and won big time.
Report Post »Gonzo
Posted on March 3, 2011 at 2:35pmGreta is a Scientology cultist. Change the channel at 10:00. Or better yet, read a book.
Report Post »Showtime
Posted on March 3, 2011 at 3:06pm@Boom!Winning
Report Post »Posted on March 3, 2011 at 2:38pm
Gonzo = Losing
~~~~~~~~~~~~~~~~~~~~~~~
Not in our book. Gonzo is a winner, Boom! (Or is that “Bum!Lost!”?)
Anonimouse
Posted on March 3, 2011 at 3:45pmI think Greta’s right. Vinson slapped the administration, but gave them what they wanted with the stay. At least, that’s how I understand it.
Report Post »Blackhawk1
Posted on March 3, 2011 at 4:19pmAnonimouse
Anonimouse
Report Post »The Administration was given a 7 day stay so to speak. If they do nothing like they have done so far Vinson has made it known after the 7 days his original ruling has an immediate injunctive effect that nullifies the entirety of the ObamaCare law. I would exactly call that what they wanted.
El Jefe
Posted on March 3, 2011 at 2:24pmAwesome, we need more judges like Mr. Vinson…!!
Report Post »USAMama
Posted on March 3, 2011 at 2:23pmThis is just how this Administration works, if they can’t get it done the legal way they find a back door. They will drag their feet when it serves their purpose hoping they can get enough of the law implemented before it gets shut down. Just like the “oil drilling morotorium” that was ruled unconstitutional, they just get around it by refusing to sign permits for 9 months.
Report Post »Strosity
Posted on March 6, 2011 at 12:18amPelosi and the rest of the Kabal have said as much in fact. Can’t have things done legally, just “hop the fence.”
It is my increasing opinion that true liberals must be purged from the political ranks ASAP. And permanently so… Problem is, we live in a society that allows the people to vote in whom they choose. However, the sooner libs exit the network, we can only hope that the socialism-preaching institutions in universities begins to show their cracks.
Once you truly get to know and understand the true history of American socialism, you will become freed from doubt about the proper path for this nation, as well as your own personal conduct and beliefs.
Report Post »CatB
Posted on March 3, 2011 at 2:22pmFind Obama in contempt and jail the whole lot of them.
Report Post »taskmaster78
Posted on March 3, 2011 at 2:22pmBest news I’ve heard all week next to Ohio Vote.
Report Post »American Pride
Posted on March 3, 2011 at 2:21pmObamacare has hit the iceberg. Mayday mayday!
Report Post »getalong
Posted on March 3, 2011 at 4:13pmThe IRS should be dismantled, and we should have a flat tax. That is the ONLY fair tax. For anyone who has dealt with the IRS, you know how screwed up this agency is. If you want to get a good look at how Obamacare care would work – just take a look at the IRS.
Report Post »BCNU
Posted on March 3, 2011 at 4:38pmIRS is the “collection agency” of the Federal Reserve………
Report Post »LetUsReason
Posted on March 3, 2011 at 5:29pmYeah, I don’t see this ending quickly, either. Obamacare is Barack’s fluffy kitten that he feeds Fancy Feast to. No way is it going to the pound.
Report Post »wildbill_b
Posted on March 3, 2011 at 8:37pmFlat tax is the worse thing that could possibly be done. It gives the rich even more breaks.
Learning to read would be a far better investment. Then read the code and realize that it doesn’t apply to you in most cases.
They use real neat linguistic gymnastics like this one.
(b) Self-employment income
The term “self-employment income” means the net earnings from self-employment derived by an individual (”"”“other than a nonresident alien individual””", except as provided by an agreement under section 233 of the Social Security Act) during any taxable year; except that such term shall not include—
“An individual who is not a citizen of the United States but who is a resident of the Commonwealth of Puerto Rico, the Virgin Islands, Guam, or American Samoa shall not, for purposes of this chapter be considered to be a nonresident alien individual.”
http://www.law.cornell.edu/uscode/html/uscode26/usc_sec_26_00001402—-000-.html
Now read it over and over till it becomes clear. It uses double negatives which is poor grammar to begin with. It says, “An individual who IS a citizen of the United States SHALL for the purposes of this chapter be considered to be a nonresident alien individual”
Further read section 61 until you realize that it says ““gross income means all income” DERIVED from wages and salaries. Not AS wages and salaries. Only people who sell your labor “Derive” income from your wages. LOL The IRS and Gov know most people lack the ability to comprehend complex text.
Report Post »Mil Mom
Posted on March 4, 2011 at 12:51amObamacare has hit the iceberg. Mayday mayday!
***********
Report Post »Remember whom your talking about, Prince Harry, and his _(insert Your own title)______ B.O. will hear what they want, and your call sounds a lot like {PAYDAY, PAYDAY} they’ll be there with their hands out palms up. AND AK 47′S SLUNG OVER SHOULDERS!
Mil Mom
Posted on March 4, 2011 at 1:03am@wildbill_b
Posted on March 3, 2011 at 8:37pm
Flat tax is the worse thing that could possibly be done. It gives the rich even more breaks.
Learning to read would be a far better investment. Then read the code and realize that it doesn’t apply to you in most cases.
They use real neat linguistic gymnastics like this one.
(b) Self-employment income
The term “self-employment income” means the net earnings from self-employment derived by an individual (”””“other than a nonresident alien individual”””, except as provided by an agreement under section 233 of the Social Security Act) during any taxable year; except that such term shall not include—
“An individual who is not a citizen of the United States but who is a resident of the Commonwealth of Puerto Rico, the Virgin Islands, Guam, or American Samoa shall not, for purposes of this chapter be considered to be a nonresident alien individual.”
http://www.law.cornell.edu/uscode/html/uscode26/usc_sec_26_00001402—-000-.html
Now read it over and over till it becomes clear. It uses double negatives which is poor grammar to begin with. It says, “An individual who IS a citizen of the United States SHALL for the purposes of this chapter be considered to be a nonresident alien individual”
Further read section 61 until you realize that it says ““gross income means all income” DERIVED from wages and salaries. Not AS wages and salaries. Only people who sell your labor “Derive” income from your wages. LOL The IRS and Gov know most people lack the ability to comprehend complex text.
*******************************
Report Post »Just reading your post screams “FLAT TAX” ! Not every American reads tax code for devotional reading, and if it were that simplistic all tax preparers wouldn’t have to take a course each year on the changes. I used to have a lawyer do mine, and if I asked a question, he’d hunt thruough 2 walls of books on tax code, then call one of his legal aids, because she actually did the preparing and he’d admit all he could do was check the arithmetic, he was too busy with other kinds of law to understand tax law.
MrButcher
Posted on March 3, 2011 at 2:20pmGood.
Bad laws should not be enacted. If they are enacted then they should not be followed.
Report Post »Untameable-kate
Posted on March 3, 2011 at 2:38pmI don’t intend on following the HC law. They can’t make me, what can they do if I just refuse it due to its unconstitutionality? Nothing.
Report Post »Rogue
Posted on March 3, 2011 at 2:43pmKate – the thing you will have to watch out for is the IRS – if this law is upheld and you fail to comply, they will be coming after you.. This mandate will be considered a “tax” by the IRS (even though the administration claims it isn’t), so you will be guilty of tax evasion.
Report Post »teachermitch32
Posted on March 3, 2011 at 3:16pmIf tax evasion, so be it. That just means that many constitutional citizens will be going to court and this whole thing, if not settled in the meantime, will have to be heard all the way up to the SCOTUS. We the people will not stand for this. So I guess I’m with CATB.
Report Post »teachermitch32
Posted on March 3, 2011 at 3:17pmI meant Kate…sorry.
Report Post »Untameable-kate
Posted on March 3, 2011 at 3:23pmRogue, can you imagine the revolt in this country when they start jailing people in this country for refusing to bend to BO’s law?
Report Post »I refuse. BO do your worst.
Kasman
Posted on March 3, 2011 at 3:30pm@Rogue
If the iRS was operating in any country other than the US, our own dept’s of the FBi, CiA, and HS would label it a terrorist organization.
Being Americans, we ALL have both the ability and right to NOT comply with ANY rules or opinions from the iRS (or any government agency)…. All any real American needs to remember is -> “Hey, I’m just doing my job” … is NOT a bullet-proof shield.
ALL governemt agencies and employees serve our OUR leisuer, not the other way around…. It’s time for people to remember why the Greatest Nation on Earth was founded, and how it came to be. Learn our/your history, honor it, and live by it.
Report Post »A Doctors Labor Is Not My Right
Posted on March 3, 2011 at 3:44pmI don’t intend on adhering to the pretended legislation of Obamacare, either; It is unConstitutional.
Report Post »Rogue
Posted on March 3, 2011 at 3:48pmlol yeah, revolt is a mild word for what would happen! The reason I worry about the IRS is that you can’t go to court and fight a tax. The IRS can garnish your wages, freeze your assets, whatever they want to do until you comply. I hope it never gets to that point, but if the IRS implements this into the tax code, there is nothing that can be done unless congress removes it – and I don’t tend to have much faith in politicians to strike down huge revenue sources.
Report Post »Mil Mom
Posted on March 4, 2011 at 12:43am@Rogue
Report Post »Posted on March 3, 2011 at 2:43pm
Kate – the thing you will have to watch out for is the IRS – if this law is upheld and you fail to comply, they will be coming after you.. This mandate will be considered a “tax” by the IRS (even though the administration claims it isn’t), so you will be guilty of tax evasion.
***************
Right On! I don’t know how many realize this law gives the IRS the right to withdraw whatever the Health Czar deems right from all your bank accounts whenever he decrees you Under insured, or not complying. My childhood neigbor’s “Stuffed Matress” sounds more sane every year I get older, but they’d probably pay thugs to come slit it while we were away. (At compulory med exams probably.!)
hud
Posted on March 6, 2011 at 4:59pmTO Kate ever hear of the IRS, if you have a bank account they will take your money, It’s in the bill. Ever have dealings with the IRS, if you haven‘t you don’t want to. Not much different than the Gestapo, in fact the same kind of people. Many people serve time for messing with the IRS
Report Post »DVPFLA
Posted on March 3, 2011 at 2:20pmTalk about a smack down of the Obama-Justice Department.
Stop the delaying tactic. And then to all but call the Obama-Justice Department unethical/lying in his Court.
Ouch!
Report Post »TehFreedomist
Posted on March 3, 2011 at 4:09pmI think they’re delaying it because they want to keep harassing Clarence Thomas til he buckles and recuses himself from the ruling, should it make it to the SCOTUS despite all the barriers being erected to stop it beforehand. And by keeping the pressure up and intense they are trying to avoid Elena Kagan’s name from coming up.
Report Post »Dale
Posted on March 3, 2011 at 5:14pmTehFreedomist;
You may be right – kagan will probably have to recuse herself, shifting the court’s balance decidedly toward overturning – the smear campaign against Thomas is simply to eliminate a conservative voice.
Report Post »lynnissmart
Posted on March 3, 2011 at 2:18pmGive this judge a star!!!! Obamie thinks all rules apply to everyone except him and his commies;.
Report Post »Untameable-kate
Posted on March 3, 2011 at 2:23pmEvery now and then We The People win one.
Report Post »TexasCommonSense
Posted on March 3, 2011 at 3:15pmThis, my friends, is exactly why we have separation of powers in our government, to prevent abuse of power. Let’s hear it for the judicial branch and Judge Roger Vinson!
Report Post »thegrassroots
Posted on March 3, 2011 at 3:36pmGood Job, Judge Vinson! God Bless You Sir!
Report Post »Anonymous T. Irrelevant
Posted on March 3, 2011 at 3:42pmSo, by March 10th, we should see an appeal. I guess that’s fair, but they have had more than a month. Which appellate court will get the appeal? Is it laden with bench-rulers or real judges?
Report Post »lylee
Posted on March 3, 2011 at 4:41pmSo which will it be, the rule of law or the rule of man? The judge put the law squarely in the court of “the man”.
Report Post »crolic9
Posted on March 3, 2011 at 5:37pmBoy, don’t get to high in your saddle it seems like we win one he comes up with something else. He will find a commie judge and lawyers somewhere to do his bidding I am sure. If our DOJ won’t prosecute the law then BHO will think this doesn’t matter either. As others have said they feel they are above the law and we the people are too stupid to figure it out anyway.
Report Post »People… I fear for our Republic… I fear the country I grew up in won’t be there for my children and grandchildren. We need to get these elected officials awake to make some serious changes.
LIKE drilling for oil in the GULF, stopping the TSA from sexually assaulting the citizenship…follow what Israel does to PROFILE the flying public, get them out of our pockets, stop printing money things that are important…. What do you think???
G.W. Dobbs
Posted on March 3, 2011 at 6:06pmWe The People did NOT “win” anything; have you not yet LEARNED that this is a “Game” which always ends the way “they” want. Vanity of vanities; ALL is vanity (useless).
Report Post »DashRipRock
Posted on March 3, 2011 at 6:08pmIs it just me
or would anyone else like to see Obama
in Judge Judys court
The Case of the missing 3 trillion dollar Garden Gnome
Report Post »BMartin1776
Posted on March 3, 2011 at 6:21pmPosted on March 3, 2011 at 4:04pm
Well at least we have one judge with the guts to do whats right. This must go to SCOTUS even with the BHO radical appointees! SCOTUS has made decisions, even its most recent involving the Westboro nutcases, in line with the Constitution. If they follow the course they have been on with Westboro, DC gun law etc they will have to rule that obamacare is unconstitutional. The sooner this happens the better and hopefully it will set precedent to undo the other radical bills that have been passed like the Financial Reform law.
Noone in the country except the radicals and their ilk want this law. It must be overturned this judge is a Patriot for doing his job unlike others who act on their beliefs vs their duties!
Report Post »http://www.savingtherepublic.com
VanGrungy
Posted on March 3, 2011 at 6:44pmSpotlight on the 11th Circuit… or straight to SCOTUS, if expedited as should have been in the first place…
Report Post »Kookaburra
Posted on March 3, 2011 at 10:19pmGo to hell Obama….that’s where you were born.
Report Post »razeus1
Posted on March 3, 2011 at 10:31pm@Dash…. ROFLMAO!!!!! Judge Judy would “rip* ” them a whole new one and I think Most of America would be exstatically cheering!!
* yeah, I know I was unable to leave that pun alone…..forgive me?
Report Post »Mil Mom
Posted on March 4, 2011 at 12:33am@crolic9
Report Post »We need to get these elected officials awake to make some serious changes.
LIKE drilling for oil in the GULF, stopping the TSA from sexually assaulting the citizenship…follow what Israel does to PROFILE the flying public, get them out of our pockets, stop printing money things that are important…. What do you think???
****************
I agree fully, but in all those who are most commonly discussed to run for the next POTUS, I don‘t see very many who’d be willing to insist on these changes we so drastically need, rather than “reach across the aisle”, with the dem’s. Somehow I don’t see nearly enough in Newt, Huckaby has been bamboozled several times lately, Rand Paul, might have the strength to do it, but his father, seems too liberatarian, to weed out all that they’ve planted in every sector of society. I see several in the House, (Especially Bachmann) OR Palin, who wouldn’t be conned into leaving their “Infrastructure” for change in place, but they‘re really needed at what they’re doing right now. AND WE REALLY NEED CONSERVATIVES (not republicans) IN THE SENATE! Let’s keep praying for wisdom, because God, alone, can see everything a man [or woman] has been and can be, and we need Him to guide our nation out of this gutter they’ve thrown it into.
thorn54
Posted on March 5, 2011 at 9:27amObama will still ignore it and dare anyone to stop him. Time to gird the loins!
Report Post »