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March 03, 2011
Judge Vinson to Obama Admin: You Didn't Really Need Clarification and You're Probably Acting in Bad Faith, So Now You've Got Just Seven Days to Appeal, ChumpsDistrict Court Judge Roger Vinson has issued his ruling on the Obama Administration's "motion to clarify" (see previous post) his order striking the entirety of ObamaCare as unconstitutional. The 20-page order (PDF) says that the judge has had enough pussyfooting around, it's time to shit or git. To that end, (1) he meant it when he said that ObamaCare was unconstitutional, (2) it was unlawful of the Obama Administration to continue implementation despite his order, and (3) as an act of judicial grace, he'll construe this bullshit motion as a request for a stay, but only on the condition that the Administration files an expedited appeal within seven days: While I believe that my order was as clear and unambiguous as it could be, it is possible that the defendants may have perhaps been confused or misunderstood its import. Accordingly, I will attempt to synopsize the 78-page order and clarify its intended effect. To that extent, the defendants’ motion to clarify is GRANTED. If you're detecting sarcasm, you're not alone. The decision fairly drips with disdain for the Obama Administration's tactics here. I can't reasonably pluck all of it out to show you, but if you have the faintest interest in this litigation, go ahead and read the order. It's not that long and it effectively summarizes the rest of the ObamaCare litigation too. Oh, remember that misleading citation in the motion to clarify? Judge Vinson was not amused: “A declaratory judgment cannot be enforced by contempt proceedings, but it has the same effect as an injunction in fixing the parties’ legal entitlements . . . . A litigant who tries to evade a federal court’s judgment --- and a declaratory judgment is a real judgment, not just a bit of friendly advice --- will come to regret it.” Badger Catholic, Inc. v. Walsh, 620 F.3d 775, 782 (7th Cir. 2010). If it were otherwise, a federal court’s declaratory judgment would serve “no useful purpose as a final determination of rights.” See Public Service Comm’n of Utah, v. Wycoff Co., Inc., 344 U.S. 237, 247, 73 S. Ct. 236, 97 L. Ed. 2d 291 (1952). For the defendants to suggest that they were entitled (or that in the weeks after my order was issued they thought they might be entitled) to basically ignore my declaratory judgment until “after appellate review is exhausted” is unsupported in the law. [FN5] Despite the Obama Administration's misbehavior, Judge Vinson very charitably construes the motion to clarify as a request for a stay of his order because the Administration said in its motion that it would ask for a stay if the judge held ObamaCare unconstitutional again. The judge seems concerned that the Administration has simply been engaged in delaying tactics. He links the two issues: For example, my declaratory judgment, of course, only applies to the parties to this litigation. The State of Michigan is one of those parties. However, a federal district court in Michigan has already upheld the Act and the individual mandate. See Thomas More Law Center v. Obama, 720 F. Supp. 2d 882 (E.D. Mich. 2010). Can (or should) I enjoin and halt implementation of the Act in a state where one of its federal courts has held it to be Constitutional? In addition, many of the plaintiff states have publicly represented that they will immediately halt implementation of the Act in light of my declaratory judgment, while at least eight plaintiff states (as identified by the defendants in their motion and reply) have suggested that, in an abundance of caution, they will not stop implementing the Act pending appeal. In addition to these apparent disagreements among the plaintiff states, there is even disagreement within the plaintiff states as to whether the implementation should continue pending appeal. For example, while the plaintiffs (a group that includes the Attorney General of Washington) have requested that I enjoin the defendants from implementing the Act, the Governor of Washington has just filed an amicus brief specifically opposing that request (doc. 163). Burn. Therefore: After careful consideration of the factors noted above, and all the arguments set forth in the defendants’ motion to clarify, I find that the motion, construed as a motion for stay, should be GRANTED. However, the stay will be conditioned upon the defendants filing their anticipated appeal within seven (7) calendar days of this order and seeking an expedited appellate review, either in the Court of Appeals or with the Supreme Court under Rule 11 of that Court. It's clear from this order that Judge Vinson is not going to be receptive to future motions from the Administration on this. If they want a stay, they're going to either have to appeal this stay order to the Eleventh Circuit, or just give in and appeal (on an expedited basis) his original order striking ObamaCare as unconstitutional. | Recent Comments
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