HolyCoast: DOJ Asks Florida Judge To Slap Obama Down Yet Again
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Tuesday, March 01, 2011

DOJ Asks Florida Judge To Slap Obama Down Yet Again

I don't think this will go well for the Department of Justice:
The feds have filed a legal brief with a federal judge in Florida that some believe might end up leading to a decision that blocks the feds from implementing the entire Obama health law.

Judge Roger Vinson in January found the individual mandate, which forces people to buy health insurance, was unconstitutional - but he stopped short of ordering the feds to suspend its implementation.

For reasons that confound legal experts, the Justice Department has asked the judge to clarify his ruling, which some feel could lead to an adverse ruling for the federal government and even embolden states to put work on the health law on hold.
I'm not a lawyer but I understood what Judge Vinson said. His ruling declared the individual mandatory to be unconstitutional, and because there was no severability clause contained in the bill, the whole thing was unconstitutional. Judge Vinson didn't issue an injunction because none was needed. If the whole law was ruled unconstitutional it effectively is no longer in force and therefore there is nothing for the judge to stop via an injunction.

The Department of Justice desperately wants to keep Obamacare alive in the 26 states affected by the ruling, but this won't be the way to do it.  I expect a solid slapdown from Judge Vinson, and that will make it much easier for states not involved in this ruling to hold off on their plans to implement the law.

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