The Conservative Cave
Current Events => Politics => Topic started by: SSG Snuggle Bunny on February 10, 2011, 06:31:06 PM
-
On January 31, Judge Vinson of the United States District Court for the Northern District of Florida, Pensacola Division, held the mandatory insurance provisions of ObamaCare unconstitutional as beyond the power of the federal government under the Commerce Clause of the Constitution. Finding that key part of the law inseparable from the rest, he held the whole thing void. He declined to grant an injunction to bar its continued enforcement since:
There is no reason to conclude that … [the] presumption [that the federal government will not ignore a federal court decision and proceed as though it had not been issued] should not apply here. Thus, the award of declaratory relief is adequate and separate injunctive relief is not necessary.
The federal government has not yet sought a stay, and the plaintiffs in the Florida case have not yet renewed their request for injunctive relief. Either or both of those things may well happen soon. In the meantime, Attorney General J.B. Van Hollen of Wisconsin has stated:
Judge Vinson declared the health care law void and stated in his decision that a declaratory judgment is the functional equivalent of an injunction. This means that, for Wisconsin, the federal health care law is dead — unless and until it is revived by an appellate court. Effectively, Wisconsin was relieved of any obligations or duties that were created under terms of the federal health care law. What that means in a practical sense is a discussion I’ll have in confidence with Governor Walker, as the State’s counsel.
Others have or will likely take a similar position, and senators from Wyoming and South Carolina have introduced bills in the Senate to permit states to opt out.
The Florida decision presents some problems beyond the failure thus far of the Obama administration to comply with it. Ordinarily, the ruling of a federal district court judge is effective only within the geographic limits of his district; the ruling of a court of appeals is ordinarily effective only within the geographic limits of the judicial circuit, and only the Supreme Court is generally empowered to issue rulings binding throughout the United States. This case, however, may well be different since twenty-six states — Alabama, Alaska, Arizona, Colorado, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Maine, Michigan, Mississippi, Nebraska, Nevada, North Dakota, Ohio, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Washington, Wisconsin, and Wyoming — joined as parties plaintiff. All but Florida are outside the geographical limits of Judge Vinson’s court.
...
We may not yet be in a full-blown constitutional crisis, but it may not be far off. The persistent refusal of the executive branch of government to comply with court orders is a serious matter and cannot be countenanced by the courts, by the Congress, or for that matter, by the people. If President Obama, a highly esteemed constitutional scholar and professor of constitutional law (which he is not and has never been), can briefly tear himself from his perch firmly astride the fence as he muddles through the situation in Egypt to have a chat with his attorney general, perhaps there can be a satisfactory solution to this problem. If not, Katie bar the door.
http://pajamasmedia.com/blog/are-two-constitutional-crises-on-the-way/
-
He's about to start a shitstorm the likes of which we haven't seen in over 150 years. Hold on, people.
-
Hi,
Thanks for posting the information. Having lived in Escambia County I can tell you it is predominately retired military and indeed a conservative stronghold. Whoever picked that district should get a medal.
As I read the post, I kept thinking to myself that I should not be surprised by what is being ignored. i am not so damn sure that BO is not trying to create a Constitutional crisis.
Thank God the majority of the American people are not with him, some 60% still want the damn law repealed.
regards,
5412
-
He's about to start a shitstorm the likes of which we haven't seen in over 150 years. Hold on, people.
Hi,
How many liberals are already screaming to take to the streets??? They look at Egypt and are in envy, that is exactly what they want to have happen in the US.
Sure hope it backfires but I fear it could be a repeat of the riots in the 60's.
regards,
5412