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Judge who declared Obamacare unconstitutional sends message to White House with second ruling
The Daily Caller ^ | 03/03/2011 | Amanda Carey

Posted on 03/04/2011 4:11:45 AM PST by Scanian

Roger Vinson, the U.S. federal judge who ruled Obamacare unconstitutional in its entirety, has ruled again on the health-care law. On Thursday, Judge Vinson issued a stay on his earlier ruling that the law could not be enforced. In doing so, he sent a clear message to the Obama administration: Appeal my decision to a higher court or stop implementing the law.

When Judge Vinson ruled on Jan. 31 that the health-care law was unconstitutional, the administration followed up by filing a motion for clarification rather than filing an official appeal. Vinson’s ruling criticized the administration for that action.

“During the four-plus weeks since entry of my order, the defendants have seemingly continued to move forward and implement the act,” Vinson wrote. “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.”

Now, Vinson has given the Obama administration an ultimatum to either stop implementing the law, or appeal it — presumably to the Supreme Court. It is unclear what will happen if the administration ignores that order.

Following Vinson’s initial ruling, Florida and Alaska stopped implementing the law. Several other states have lawsuits pending challenging its constitutionality.

(Excerpt) Read more at dailycaller.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: appeal; judgevinson; rogervinson; stay; ultimatum

1 posted on 03/04/2011 4:11:48 AM PST by Scanian
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To: Scanian

It’s Obama. Of course he’s going to ignore it.
Stupid it as stupid does.


2 posted on 03/04/2011 4:15:05 AM PST by BuffaloJack (Obama did not learn incompetence; he was born to it.)
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To: BuffaloJack

Not so much stupid, as arrogant.


3 posted on 03/04/2011 4:18:28 AM PST by Shane (When Injustice Becomes Law, RESISTANCE Becomes DUTY.----T.Jefferson)
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To: Scanian

States should force the issue and simply repeal its affects..


4 posted on 03/04/2011 4:19:24 AM PST by aces
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To: Scanian
Whatever other branches decide on Unconstitutional Obamacare is nothing more than minutiae. Only the fourth and most powerful branch of government has the power to decide what is Constitutional or Unconstitutional. That branch is we the people. We have the power to stop any Unconstitutional act of the federal government with nullification.

The people and the states allowing the other branches to make such a decision is to ask those branches for permission to reassert our 10th Amendment rights. That flips the concept of the Constitution granting the federal government only limited powers and the states and the people expansive powers on its head.
5 posted on 03/04/2011 4:20:27 AM PST by Defend Liberty
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To: Scanian

Florida and alaska should continue as they are doing. The Udumbo Administrations needs to do the right thing collectively - RESIGN


6 posted on 03/04/2011 4:21:07 AM PST by hondact200 (Candor dat viribos alas (sincerity gives wings to strength) and Nil desperandum (never despair))
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To: Defend Liberty
We have the power to stop any Unconstitutional act of the federal government with nullification.

Dream on.

7 posted on 03/04/2011 4:21:16 AM PST by Huck (Antifederalist Brutus was right!)
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To: Scanian

Its gonna take We the People to enforce this judge’s ruling...mark my words.


8 posted on 03/04/2011 4:21:48 AM PST by mo ("If you understand, no explanation is needed; if you do not, no explanation is possible")
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To: Scanian

It is unclear what will happen if the administration ignores that order.”

Back in the Nixon days, this would have been called a constitutional crisis.


9 posted on 03/04/2011 4:22:46 AM PST by ConservativeDude
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To: hondact200

alaska = Alaska, Udumbo = Odumbo. I have to be careful because the grammar, and punctuation police are now scrutnizing posts and if the post has grammar and punctuation problems their screaming Drunk Drug Abuse or stop posting.


10 posted on 03/04/2011 4:24:26 AM PST by hondact200 (Candor dat viribos alas (sincerity gives wings to strength) and Nil desperandum (never despair))
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To: Scanian

Yesterday’s news that Elena Kagan has a conflict of interest regarding Obozocare and may have to bow out of the ruling makes this even more interesting. He hasn’t appealed to the SC because he knows the dream ends there. FUBO, and all your Marxist friends.


11 posted on 03/04/2011 4:33:01 AM PST by Mich Patriot (Today, if you build a better mousetrap, the government comes along with a better mouse. RReagan)
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To: hondact200
0bama has declared the DOMA as unconstitutional....

so...just to make ammends....

he declares 0bamacare constitutional.

12 posted on 03/04/2011 4:33:35 AM PST by spokeshave (WTF....the only thing 0bambi's investments will get us is a bullet train to bankruptcy.)
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To: Scanian

Bfl


13 posted on 03/04/2011 4:41:27 AM PST by tutstar
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To: Scanian
And the obama administration is doing what they have already done with court decisions that go against them. They ignore them and continue full speed ahead implementing their agenda.

Their agenda? The total and complete destruction of the United States.Why? To remake it over as an islamic republic.

14 posted on 03/04/2011 4:57:12 AM PST by sport
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To: hondact200
I have to be careful because the grammar, and punctuation police are now scrutnizing posts ...

Two mistakes! First, it is improper to place a comma after a word that is part of a list when the word is followed by "and" AND you misspelled scrutinizing.

I am glad I caught this before my shift ends here at Grammar and Punctuation Police Headquarters or my supervisor would have ripped me a new one.

Have a nice day!

(Just kidding with the above.)

15 posted on 03/04/2011 4:59:09 AM PST by JohnG45
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To: Shane
Photobucket
16 posted on 03/04/2011 5:09:02 AM PST by baddog 219
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To: Scanian

This crap with Little Boy Blue Lips ignoring
the judge’s ruling just boils my blood.
He IS acting like an effing dictator!

When a lefty judge overturns a people’s vote
or makes some ruling in order to please
the brainless wonders who call themselves
democrats (or worse), the affected state or even the
entire country has never had a choice BUT to
abide by that ruling.

Barry’s changing the rules now?
If we disagree we don’t have to listen?

Ok, then, POSOTUS, let’s roll your way.

I can think of a number of bad rulings including
abortion and gun laws, not to mention gay marriage,
that a LOT of US don’t care to obey.


17 posted on 03/04/2011 5:15:51 AM PST by CaptainPhilFan
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To: baddog 219

If Obama ignores this maybe someone orly taitz should file in vinson’s court.

That would be nice payback.


18 posted on 03/04/2011 5:16:58 AM PST by EQAndyBuzz (The way to beat a terrorist is to terrorize him.)
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To: Scanian

19 posted on 03/04/2011 5:34:07 AM PST by paulycy (Islamo-Marxism is Evil.)
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To: sport

Their agenda? The total and complete destruction of the United States.Why? To remake it over as an islamic republic.

I think the “why” is to implement the New World Order. A strong and sovereign USA stood in the way. Obama’s agenda is to weaken us to the point that we can not resist. We’re almost there. PRAY


20 posted on 03/04/2011 5:40:06 AM PST by Josephat
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To: Josephat

There WILL be a global government, and it will have its own religion under the Antichrist.

But, I don’t know if it will be some form of Cosmic Humanism or Islam. It probably won’t be the latter because it will be atheistic, earth worshiping, pagan, and man-centered.


21 posted on 03/04/2011 5:43:22 AM PST by MrB (The difference between a Humanist and a Satanist - the latter knows whom he's working for)
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To: BuffaloJack
It’s Obama. Of course he’s going to ignore it.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Yes, of course, he will ignore it! No one will have “standing” to make him stop.

Were were on a slippery slope to tyranny long ago when “no standing” and “no controlling legal authority” were created out of thin air.

22 posted on 03/04/2011 5:49:44 AM PST by wintertime
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To: Scanian
If I were the judge, I would not have shown the patience that Vinson did to the smart aleck, contemptuous DOJ lawyers. I would have called them in to my court, read them the riot act, held them in contempt, referred their contemptuous insubordination to their state bar disciplinary boards and personally fined them $10,000 each and $1,000 each for every day that the administration continues to implement the unconstitutional law. I would have warned them that if they continue to ignore my order, my next step will be to issue Obama an order to show cause why he should not also be held in contempt.
23 posted on 03/04/2011 5:50:53 AM PST by iontheball
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To: iontheball

And then he would have been attacked by the LSM and the ‘Rats as politically and probably racially biased.

Sometimes discretion is the better part of valor and he accomplished just as much by demanding the Regime file an immediate appeal.

Anything else he could have done would have gone to appeal anyway, so perhaps the process will be accelerated by yesterday’s move.


24 posted on 03/04/2011 5:56:24 AM PST by Scanian
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To: BuffaloJack

He is the Messiah, he is the won


25 posted on 03/04/2011 6:08:02 AM PST by bert (K.E. N.P. N.C. D.E. +12 ....( History is a process, not an event ))
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To: Scanian

Obama wants to implement as much as possible before the inevitable showdown with the Supremes. His goal is to make this thing stuck so deep in the mud that it is impossible to rip it out by the roots. The longer the Supremes take to acting on this, the more damage Obama does.

Here’s hoping Thomas and Scalia decide it’s high time to smack down those who have been attacking them and their families for so long.


26 posted on 03/04/2011 6:11:18 AM PST by Buckeye Battle Cry ("I've got tiger blood and Adonis DNA!")
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To: BuffaloJack

If SCOTUS rules ObamaCare unconstitutional, Nilbama will pull an Andy Jackson.


27 posted on 03/04/2011 10:12:58 AM PST by karnage
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