Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: MrB

The judge noted that declaratory relief is the functional equivalent of an injunction, and applied the long-standing presumption 'that officials of the Executive Branch will adhere to the law as declared by the court.' So in the case, the judge asserted that the declaratory relief should bind the parties. If the Obama administration wishes to impose the requirements of Obamacare upon the states, it will need to seek a stay of the opinion either from the judge, or from the 11th Circuit. .
113 posted on 01/31/2011 10:01:30 PM PST by HawaiianGecko
[ Post Reply | Private Reply | To 2 | View Replies ]


To: HawaiianGecko
long-standing presumption 'that officials of the Executive Branch will adhere to the law as declared by the court.'

Yeah, just like we saw them comply with the injunction on the moratorium on Gulf oil drilling...

118 posted on 02/01/2011 5:45:43 AM PST by MrB (Tagline suspended for important announcement on my about page. Click my handle.)
[ Post Reply | Private Reply | To 113 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson