Clarifying The Florida SC Health Care Decision

Posted by Luis522 on March 4, 2011 at 1:56pm
FL tea party patriots
There are a few people that are confused about FL SC Justice Vinson’s “Stay”. If you go by the dem-media’s reporting, or misinformation, you gonna get duped – AGAIN!

Here’s a condensed version of an article by the Gainesville TP:

Judge Vinson to Obama: Speed up the Appeal or Stop Implementing Obamacare *

So today, Judge Vinson reaffirmed that he meant it when he said the law was unconstitutional and that he had expected the executive branch to abide by his decision. Judge Vinson said the language in his original order “seems to be plain and unambiguous. Even though I expressly declared that the entire Act was ‘void,’ and even though I emphasized that ‘separate injunctive relief is not necessary’ only because it must be presumed that ‘the Executive Branch will adhere to the law as declared by the court,’ which means that ‘declaratory judgment is the functional equivalent of an injunction,’ the defendants have indicated that they ‘do not interpret the Court’s order as requiring them to immediately cease [implementing and enforcing the act].’” The judge was obviously annoyed that the government has “reportedly continued with full implementation.” He went on to “clarify” his order that he expected his declaratory judgment to “be treated as the ‘practical’ and ‘functional equivalent of an injunction.

 

The plaintiffs had asked the judge to treat the DOJ’s motion to “clarify” as a motion for a stay and to deny the motion. Judge Vinson did treat the motion to clarify as a motion to stay his earlier judgment but then offered a clever compromise to the Obama Administration: He granted a stay for seven days but only on the condition that the Administration file an appeal within that period that requests expedited appellate review, either in the U.S. Court of Appeals for the Eleventh Circuit or in the Supreme Court. Judge Vinson also noted that the appeal could be expedited because the briefing on the underlying legal issues was already submitted in his court.

This is a serious strategic loss for the government. Judge Vinson has challenged the federal government to speed up the appeals process, which would normally take much longer, forcing the hand of the Administration, which would like to slow down the litigation through questionably legal tactics if it can get away with it so it can implement as much of Obamacare as possible before it gets to the Supreme Court.

You can read the entire article at:

* http://gainesvilleteaparty.org/hot-topics/healthcare/judge-vinson-t…

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