Intermarkets' Privacy Policy
Moron Meet-Ups
MI/Midwest Meet-up:

It has a website!

Central NJ MoMe: 10/13/2018: Hillsborough-Somerset County
Contact fenelonspoke

SW Ohio MoMe: 10/20/2018, 7-10pm in Dayton OH
Contact ibguy

Texas MoMe: 10/20/18
Contact Ben Had
All GOP Senators Have Now Signed Up As Cosponsors of S. 192, ObamaCare Repeal | Main | Loose Smack: Loose Change "Documentarian" Arrested For Sale of Heroin
January 31, 2011

Update: Obama Admin Must Halt Implementation and Current Enforcement, Absent a Stay Which Has Not Yet Been Granted

This question has come up a few places. I've also seen incorrect media reports that Judge Vinson's decision declaring all of ObamaCare unconstitutional "will have no instant effect on implementation." This is probably fueled in part because "senior White House advisors" are apparently saying that implementation will continue while the lawsuits play out.

That is incorrect, at least for the moment. The law is unconstitutional and that ruling is binding on the parties. Not just the 26 plaintiff states, mind you, as I've also seen erroneously reported. All parties to a lawsuit are bound, including and especially the defendants, that is, the U.S. departments attempting to implement ObamaCare.

That means that at this moment all parts of the law are unenforceable, including the guaranteed issue rule, the preparations for the exchanges, the minimum standards, the Medicaid expansion, the FSA adjustment, the 1099 debacle, and, of course, the individual mandate. The Obama Administration risks a contempt order if it attempts to continue to impose any of these ObamaCare requirements on the states.

Now, don't get too excited. The Administration will, I guarantee it, be seeking to stay Judge Vinson's order pending appeal. At the moment, there is no order on a stay and the District Court's docket is closed for the day. So, at the earliest we're not looking at Judge Vinson taking a crack at their stay motion until tomorrow. And if he denies the Administration stay motion, they'll seek it from the 11th Circuit. The appellate court will very likely grant it, given the disparate court decisions so far and because the stakes are so high. I can't imagine that the Administration would have to go so far as the Supreme Court to get a stay, but any way it happens, they're going to get one eventually. I guarantee that too.

That, by the way, is what happens next. First comes a stay motion, then the appeal notice. At which point the stay motion will be resolved and the case will be set for briefing. Briefing could take up to six months or longer. And it could be even longer until the case gets set for oral argument (which, in a case like this it certainly will be). After that comes a decision a good year down the road. Then possible en banc review and only then a petition to the Supreme Court. So this is a long process. We're talking years.

digg this
posted by Gabriel Malor at 06:38 PM

| Access Comments

Recent Comments
Chi-Town Jerry: "Evening, all ..."

Clifford Cleveland Global Initative For Sustainable Resource Extraction: " Wish I wasn't so late to the party but I was wat ..."

SERENITY NOW: "Common sense needs to prevail over TDS. Posted ..."

atomicplaygirl, now with more Kaboom!: "6217 I think Blasey is some sort of Slavic name. P ..."

Puddleglum: "[i]583 From what putative academic diploma mill d ..."

Kentucky kid: "Yo ..."

Mr. Peebles: "Saw a poll of TX today that had Cruz +9. ..."

rhomboid: "Nope, absolutely nope.Dems try anything *else* now ..."

Aetius451AD Work Laptop: "Nood. ONT. ..."

Aetius451AD Work Laptop: "Thanks for the ONT. Sanders and Khan are two d ..."

Lancelot Link Secret Agent Chimp : "Posted by: DocJ at September 18, 2018 09:58 PM (9T ..."

Burnt Toast: "605 The other three guys are Gorsuch, Roberts, and ..."

Recent Entries

Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Top Top Tens
Greatest Hitjobs

The Ace of Spades HQ Sex-for-Money Skankathon
A D&D Guide to the Democratic Candidates
Margaret Cho: Just Not Funny
More Margaret Cho Abuse
Margaret Cho: Still Not Funny
Iraqi Prisoner Claims He Was Raped... By Woman
Wonkette Announces "Morning Zoo" Format
John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia
World Muslim Leaders Apologize for Nick Berg's Beheading
Michael Moore Goes on Lunchtime Manhattan Death-Spree
Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears
Liberal Economists Rue a "New Decade of Greed"
Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility
Intelligence Officials Eye Blogs for Tips
They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan
Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq
Leather-Clad Biker Freaks Terrorize Australian Town
When Clinton Was President, Torture Was Cool
What Wonkette Means When She Explains What Tina Brown Means
Wonkette's Stand-Up Act
Wankette HQ Gay-Rumors Du Jour
Here's What's Bugging Me: Goose and Slider
My Own Micah Wright Style Confession of Dishonesty
Outraged "Conservatives" React to the FMA
An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear
The Story the Rightwing Media Refuses to Report!
Our Lunch with David "Glengarry Glen Ross" Mamet
The House of Love: Paul Krugman
A Michael Moore Mystery (TM)
The Dowd-O-Matic!
Liberal Consistency and Other Myths
Kepler's Laws of Liberal Media Bias
John Kerry-- The Splunge! Candidate
"Divisive" Politics & "Attacks on Patriotism" (very long)
The Donkey ("The Raven" parody)
Powered by
Movable Type 2.64