In my latest American Spectator column, I discuss Judge Roger Vinson’s surprising decision to stay his own January ruling and question whether the government mule will ever stop its obstinate behavior without the firm application of a two-by-four to the beasts’s occiput. Vinson makes it clear that he was not taken in by the pretext behind the DOJ’s motion to [...]
This is getting weirder by the minute. First, the DOJ pesters U.S. District Judge Roger Vinson with a motion to “clarify” a ruling that he took 78 pages to explain. Now, we get Washington Governor Christine Gregoire filing an “Amicus Memorandum in Support of Continuing Implementation of the Affordable Care Act in the State of Washington.” Never heard of such [...]
Today was the deadline for the government lawyers of the Obama Justice Department to file a brief in support of their weird motion to clarify in Florida v. HHS, and they produced a doozy. Their basic claim is that, when Vinson ruled ObamaCare unconstitutional, he did not grant the plaintiffs an injunction halting implementation of the “reform” law. But, [...]
It is becoming increasingly obvious to legal experts that the Obama Justice Department shot itself in the foot when it asked U.S. District Judge Roger Vinson to clarify a perfectly clear order. Vinson hoped the DOJ would take the hint when he granted the plaintiffs in Florida v. HHS “declaratory relief� rather than an outright injunction. But they decided [...]
On January 31, U.S. District Judge Roger Vinson ruled ObamaCare unconstitutional and granted “declaratory relief” to the plaintiffs in Florida v. HHS. Declaratory relief, as Judge Vinson explained at the time, was essentially an injunction meant to stop implementation of ObamaCare until the appeals process had run its course. However, despite Vinson’s presumption that “the Executive [...]
The Obama DOJ is a truly Orwellian outfit. In addition to their bizarre claim that the Constitution’s commerce clause allows Congress to penalize people for not engaging in economic activity, they also want Judge Roger Vinson to tell the states that his January ruling doesn’t say what it says: The Justice Department asked a federal judge in Florida on [...]
My latest column for the American Spectator looks at the comical attempts by the MSM to explain away Judge Vinson’s recent ObamaCare ruling. They have reached such a state of desperation that they are peddling the Militia Act of 1792 as a precedent for the individual mandate: The imminent scholars at the Daily Kos, Salon, [...]
If you expected the Democrats to pay any more attention to the courts than they have to the voters, you’re in for a disappointment. Eight state AGs, all Democrats of course, have decided to implement ObamaCare regardless of the recent invalidation of the law by U.S. District Judge Roger Vinson: Eight Democratic attorneys general have issued [...]
Washington Post blogger Ezra Klein provides an entertaining attempt to shrug off Judge Roger Vinson’s recent ruling that ObamaCare is unconstitutional. Klein claims that “a conservative legal scholar and friend,â€? whom he neglects to name, wrote him to make the following assertion: There remains a very good chance that this will not end up before [...]
The reason Judge Roger Vinson was able to strike down the entire ”reform” law involved its lack of a severability clause. Jonathan Turley apparently agrees with ObamaCare conspiracy buffs who think that the clause was deliberately left out to protect the law: There’s some suspicion that it might be a sort of game of chicken, that they [...]
