Politico U.S. District Judge Roger Vinson has already dealt the Obama administration a staggering blow on health reform, and this week the administration may get another one from the fiery Florida judge.
The Justice Department asked Vinson to clarify his ruling that struck down the law as unconstitutional. Justice must file its brief on the motion by Monday, and Vinson has said he would rule quickly after that. At issue is whether Vinson meant to stop reform implementation in the 26 states that brought the suit.
The smart money says Vinson will halt implementation, and legal observers are wondering why Justice would take that risk.
Sunday, February 27, 2011
ObamaCare to be Halted?
that would be good news.
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They may be seeking a reconsideration of the actual remedy proposed by the Florida trial court -- instead of a "clarification" -- because of last week's ruling by the federal judge in D.C. upholding the constitutionality of ObamaCare. If it is likely that the weight of court authority is moving in favor of the constitutionality of ObamaCare, the thinking might be going, perhaps the Florida judge will be willing to rethink the practical impact of his ruling to allow the implementation of ObamaCare to move forward as the issue moves through the courts.
The major problem in this regard with ObamaCare is that it isn't a robust system -- meaning that every aspect of the system has to be in place for it to work as planned. Whether it ever will work or not is a separate question -- the point is, if it is to function as it is planned to function, each component has to be in place and functional. If one piece gets knocked out (like the mandate), or if the program isn't put into effect throughout the entire country (as would be the case if the Florida judge doesn't rethink his ruling), then the program can't function.
In that sense, Obamacare is fragile -- it can die of the equivalent of a paper cut.
Cheers!
I have a bunch of paper!
I think to allow it to move along until it gets to the Supremes would be the improper use of taxpayer money - not to say that consideration has ever stopped them from doing anything.
The shame is real reform can't take place until this nonsense is thrown out.
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