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So to “clarify” my order and judgment: The individual mandate was declared
unconstitutional. Because that “essential” provision was unseverable from the rest of the Act, the entire legislation was void. This declaratory judgment was expected to be treated as the “practical” and “functional equivalent of an injunction” with respect to the parties to the litigation.
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, Chumps
i'm willing to bet his judge status is higher than yours
This is not a baseball game. They don't seem to understand that. It makes no difference how many judges rule in obama's favor, as long as you have a judge that has ruled against him, who has VOIDED the whole law, obama will have to act.
Now, we all know obama wanted to slow walk the appeal so that states that were willing might start implementation of obamacare, thereby making it more difficult to roll back if and when SCOTUS throws it out.
Yes..and the judge pretty much calls them on their lying tactics.
Interesting. The good judge could have avoided this by simply issuing an injunction, instead of that "functional equivalent" crap. But, no matter.
The ruling includes:
Quote:
"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."
But the Supreme Court already rejected an appeal to hear the case. In a 9-0 ruling, they said that it must go through a Court of Appeals. This was back in November.
At least one Court of Appeals, the 6th Circuit, is already involved in hearing another challenge to the health care act. The case is the Thomas More Law Center, et al. v Obama, et al., and oral arguments are scheduled during the Court's session between May 30 and June 10, 2011.
But, with this ruling in Florida, I guess the Administration will file an appeal with the 11th Circuit Court. And then, depending on how many different Circuit Courts get involved in different cases, and what all those decisions are, the Supreme Court will pick one of the cases and hear it.
I wonder how expedited this "expedited appellate review" will actually be.
You do realize that the judge has stayed his judgment, and that it's not just for 7 days, right?
If the appeal is filed in 7 days, the stay remains for the entire process of appeal up to and including the Supreme Court.
Of course they didn't know that. What's the matter with you? They're having orgasms here, and you interrupted them with facts? Sheesh!
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