politico - U.S. District Judge Roger Vinson has already dealt the Obama administration a staggering blow on health reform, and this week the administration may get another one from the fiery Florida judge.
The Justice Department asked Vinson to clarify his ruling that struck down the law as unconstitutional. Justice must file its brief on the motion by Monday, and Vinson has said he would rule quickly after that. At issue is whether Vinson meant to stop reform implementation in the 26 states that brought the suit.
The smart money says Vinson will halt implementation, and legal observers are wondering why Justice would take that risk.
“Having lost one game of chicken when it came to the severability of the mandate, the government is now challenging the same judge to back down on whether his decision is binding. Seems like a risky move,” said Randy Barnett, a law professor at Georgetown University.
Jonathan Turley, a constitutional law professor at The George Washington University, said he was surprised by the Justice Department’s move, given that it could have gotten a lot of support for its view that Vinson’s ruling wasn’t clear enough to shut down state implementation.
“I’ve really thought hard about what’s the tactical reason,” Turley said.
A Justice Department spokeswoman would not comment.
In his original ruling, Vinson stopped just short of issuing an injunction. He cited a court case that said a declaratory judgment is usually assumed to be “the functional equivalent of an injunction” when the executive branch is involved, because administration officials “will adhere to the law as declared by the court.”
“There is no reason to conclude that this presumption should not apply here,” Vinson wrote. - Continue reading > >
Blog author's comments - I have to wonder what the Justice Department and Obama have in mind - to push a Federal judge to re-clarify a ruling of his when he has already said the Obamacare law was null and void.
If they do not get what they want, they could next risk the SCOTUS who could say we will not hear the case and let Judge Vinson's ruling stand.
The ruling left no doubt as to what the judge wants. He stated in his opinion that an injunction is unnecessary because the ruling views the whole statute as unconstitutional.
If Obamacare is ever fully implemented the country is in deep trouble. This is only one of the reasons why the Obama regime must be defeated in 2012.
Judge Vinson will probably make his ruling quickly so we should soon see what the Justice Department and Obama will do next.