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“Clarification” order scolds DOJ to hurry up, then gives license to implement a law he deems unconstitutional

The only hope We the People had of preventing the solidification of socialized medicine pending a definitive ruling on President Barack Obama’s signature hope and change law no less than two years from now by the nation’s highest court, died last week at the hands of the man that had threatened to kill the administration’s assault on private health insurance dead in its tracks.

Federal U.S. District Court Judge Roger Vinson had declared the entire health care bill unconstitutional, null and void on January 31, thus presenting the prospect that before the tentacles of the federal government could wrap themselves around one-sixth of the U.S. economy it would have to first prove its case to at least five justices of the U.S. Supreme Court.

A month passed in which several of the 26 State plaintiffs in the Florida case declared they would no longer implement the law Judge Vinson declared unconstitutional as Attorney General Eric Holder treated the 78-page order as no more consequential than a New York Times op-ed. Last month, Obama’sDepartment of Justice interrupted their contempt of Vinson’s jurisprudence by adding insult to injury with a motion to “clarify”, rather than take the usual course and ask for a “stay” of the ruling.

Sadly, Judge Vinson rewarded Obama’s contempt by issuing as un-asked for stay that essentially sentences the United States to unconstitutional governance for up to two years:

Judge Vinson filed a 20-page opinion today responding to the motion seeking clarification, and I find it pretty remarkable. I think it’s fair to say that Judge Vinson was not happy with DOJ. First, much of the new opinion is written as a rather defensive summary of his earlier opinion and, at times, a response to critics. Vinson then decided on his own to treat the motion for clarification as a motion for a stay, and then he granted his motion for a stay with an important condition: DOJ must file its appeal in seven days, and DOJ must then request an expedited appeal in the circuit court. This seems pretty unusual to me, given that DOJ wasn’t even seeking a stay from Judge Vinson. The pace of appellate litigation is normally up to the Federal Rules of Appellate Procedure, the litigants, and the Court of Appeals judges — not a district court judge.

Conservatives are supposed to be happy that the good judge harshly scolded Holder’s lawyers and required that they file an “expedited” appeal. Given all the legal maneuverings available in appeals to the 11th Circuit Court of Appeals and ultimately the U.S. Supreme Court, Judge Vinson may have trimmed a few weeks off a process that will likely last for no less than 18 months.

Maybe Judge Vinson knew that the 11th Circuit would have issued a stay, and so was doing what he thought was the best he could do under the circumstances. But it is not his job to help plaintiff lawyers along the appeals process.

His job was to pass judgment on the constitutionality of ObamaCare and prescribe a remedy appropriate to that determination.

Judge Vinson determined that the federal government hasn’t the power to regulate health care by forcing Americans to buy a private insurance policy or be fined. Yet, he decided its OK  for them to implement an unconstitutional law pending appeal.

Judge Vinson let us down.

Mike DeVine

Legal Editor – The Minority Report

Atlanta Law & Politics columnist for Examiner.com

“One man with courage makes a majority.” – Andrew Jackson

More DeVine Gamecock rooster crowings at Modern ConservativeHillbilly PoliticsUnified Patriots,  Political Daily and Conservative Outlooks. All Charlotte Observer and Atlanta Journal-Constitution op-eds archived at Townhall.com.

www.devinelawvista.com


5 Responses to Judge Vinson’s ObamaCare Cave

  • Bruce says:

    Mike,

    From what I can tell you are a lawyer. Tell me if I am mistaken……Also I am admitting I might be out of my league debating with you but here goes…….What usually happens when a kid is given a word in a spelling bee that he doesn’t understand…….the kid asks for the word to be repeated……then he may ask the word be used in a sentence…….then there one or two more questions that can be asked……..and what is the kid doing…….asking for some “clarification”……so I am a little puzzled why when the judge was asked for clarification you consider it an act of contempt…..or an insult…….Only a few years ago I was hearing rumblings that the courts were stepping out of their bounds with some of the rulings they made…….I believe it was said they were deciding polity and not interpreting the constitution…….Now it seems that you want them to decide policy……hmmmmm…..You said “Conservatives are supposed to be happy that the good judge harshly scolded Holder’s lawyers”…………If the good judge is determining the constitutionality of the health care bill then why should how the conservatives feel matter at all……..remember he is “determining constitutionality ” not trying to please either side………..I still have my reservations about the bill…..but tell me is this just because Obama did it as it seems with everything he does according to conservatives………Oh and tell me aren’t you mandated to have car insurance………..If I thought like you I should be able to say I don’t need car insurance and I have the driving record to prove it….I will soon be 58 and I have never had an accident….doesn’t that qualify me to be able to say I don’t need it………..I could say the same about health insurance because truth be told I have never spent a day in the hospital and I can afford to pay for my check-ups…….why do I need it……. We in the US need to change the way we view healthcare…..I work for a Spanish company and the Spanish think we are barbarians…..I am sure you will say well look at their economy…..Yep it’s in the tank just like everyone else…….but I have yet to talk to one of them who is dissatisfied with their health care…..not like the horror stories have been hearing about European health care…….No I am not advocating a single payer system but our approach to “sickcare” is not working…….The bill I know is far from perfect but at least there is something to work with…….I expect that it will be amended and changed just like bill that was put out by conservatives…….

    Black in America Baby……The Revolution has been televised

  • Mike gamecock DeVine says:

    The first order was clear. The motion was a delay tactic and an attempt at avoidance of the obvious. The judge said as much in his subsequent order which was weeks ago. You are kinda late to this party. Go click the link in my story to the whole order and read the first few paragraphs and you will see.

    Also, since The Black-in-America-Baby Revolution was televised (as well as the #9 version on the White Album) we now make less use of ellipses and more use of paragraphs and single sentence-ending periods. It makes reading better for the reader…smile

  • Mike gamecock DeVine says:

    Wow, I only just received the email notice of the comment today! Go figure.

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