At least in Brown v. Board of Education the court order voided de jure racial segregation only with “deliberate speed”…
On January 31, 2011, U.S. District Court Judge Roger Vinson�declared ObamaCare unconstitutional and added:
“…there is a long standing presumption that officials of the Executive Branch [Obama Administration] will adhere to the law as declared by the court…”
Judge Vinson’s added that sentence to make clear that, this being a final order on the merits, there was no reason for an injunction to be issued since injunctions are usually only issued in cases of this type in which temporary relief is asked for pending a final order on the merits.
In the 17 days that have passed since the order, President Barack Obama’s Justice Department has announced an intent to appeal, but has not yet filed any appeal. More significantly, neither has the government filed a Motion to Stay enforcement of the order pending appeal. Instead, President Obama, through his press secretary, and the Defendant Secretary of the Department of Health and Human Services, have insisted that they retain the right to continue to implement ObamaCare regulations nationwide and have done so.
Meanwhile, various parties to the case, including certain governors and attorney general for plaintiff states, have ceased cooperating with the Obama Administration, on the grounds that to do so would violate their oaths of office to faithfully execute the laws of the United States. They deemed Judge Vinson to have clearly voided ObamaCare, thus removing it from the codification of the “laws of the United States.”
Late today, in an extraordinary move, Obama’s lawyers�asked Judge Vinson to “clarify” his order. Such motions are quite rare as they imply that the author of the order is not skilled in the use of the English language. Of course, Eric Holder and company understand the order very clearly, but are not used to having fellow members of the bar speaking in a language other than liberal weasle-speak (i.e. lies that pretend to follow the Constitution accompanied by a wink).
Obama and Holder are desperate, for they know that to file the usual motion for a stay would be admit that ObamaCare is void and that they need the judge’s permission to continue to do anything in furthurance of the ObamaCare statute. So, they are trying to have their cake and eat it too. They are trying to trick Judge Vinson.
It won’t work.
The likely response from the court will be to put an exclamation point on the already crystal clear order either by issuing an injunction, that, in cases like this are quite rare since most civilians comply with court orders rather than risk spending time in jail for�contempt; or the court will merely deny the request to force the 26 states that were parties to the case to comply with ObamaCare regulations.
Either way, the clock ticks towards the March deadline by which Obama must ask for a stay and admit the powers of a coequal branch of government.
Fellow conservatives, dare we wish for an early yuletide via a Vinson-mas gift that voids ObamaCare while it is appealed? Yes, we dare. What seemed a near impossible dream via the elected branches and the need for a new president and filibuster-proof Senate no earlier than 2013, could be only weeks away.
Yes, tea partiers, their is a Vinson Claus!
Mike DeVine
�One man with courage makes a majority.� - Andrew Jackson
Charlotte Observer,�The Minority Report and�Examiner.com archives
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