Professional Soldiers ® - View Single Post - FL Fed judge rules Health Care Act Unconstitutional

tonyz · 02-19-2011, 20:07

Recall that Judge Vinson, in his opinion, suggested that he believed that a declaratory judgment was the functional equivalent of an injunction - at least as applied to the federal government.

Justice Dept. Asks Judge to Clarify Health Care Ruling After Alaska Governor Refuses to Enact Law
Published February 17, 2011| FoxNews.com

Read more: http://www.foxnews.com/politics/2011...#ixzz1ESNxrdmb

Alaska Gov. Sean Parnell said Thursday he will not implement President Obama's health care overhaul because a federal judge in Florida ruled it unconstitutional, prompting the Justice Department to take the case back to the judge.

Attorneys for the Obama administration filed what is known as a motion to clarify late Thursday, asking U.S. District Judge Roger Vinson to make clear that states cannot ignore the new health care law while his ruling is being appealed.

Copy of the Justice Department’s motion in link below:

http://aca-litigation.wikispaces.com...to+clarify.pdf

From page 6 of 19 in Justice Department's motion:

"...Given (a) the wide-ranging and indeterminate consequences that would occur if the declaratory judgment were assumed to have immediate injunction-like effect; (b) the Court’s acknowledgment that it was deviating from the ‘normal rule’ of severability; (c) the concededly unique nature of the Court’s judgment, see, e.g., Op. 74; and (d) the fact that the Court declined to impose an injunction, see Op. 75, defendants do not interpret the Court’s order as requiring them to immediately cease operating programs, implementing Medicare reforms, collecting taxes, extending grants, providing tax credits, and enforcing duties created by the ACA."

02-19-2011, 20:07	#15
tonyz Area Commander Join Date: Jan 2008 Location: USA Posts: 4,793	As the world turns Recall that Judge Vinson, in his opinion, suggested that he believed that a declaratory judgment was the functional equivalent of an injunction - at least as applied to the federal government. Justice Dept. Asks Judge to Clarify Health Care Ruling After Alaska Governor Refuses to Enact Law Published February 17, 2011\| FoxNews.com Read more: http://www.foxnews.com/politics/2011...#ixzz1ESNxrdmb Alaska Gov. Sean Parnell said Thursday he will not implement President Obama's health care overhaul because a federal judge in Florida ruled it unconstitutional, prompting the Justice Department to take the case back to the judge. Attorneys for the Obama administration filed what is known as a motion to clarify late Thursday, asking U.S. District Judge Roger Vinson to make clear that states cannot ignore the new health care law while his ruling is being appealed. Copy of the Justice Department’s motion in link below: http://aca-litigation.wikispaces.com...to+clarify.pdf From page 6 of 19 in Justice Department's motion: "...Given (a) the wide-ranging and indeterminate consequences that would occur if the declaratory judgment were assumed to have immediate injunction-like effect; (b) the Court’s acknowledgment that it was deviating from the ‘normal rule’ of severability; (c) the concededly unique nature of the Court’s judgment, see, e.g., Op. 74; and (d) the fact that the Court declined to impose an injunction, see Op. 75, defendants do not interpret the Court’s order as requiring them to immediately cease operating programs, implementing Medicare reforms, collecting taxes, extending grants, providing tax credits, and enforcing duties created by the ACA."
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