Wednesday, February 09, 2011

The Imperial White House has spoken...

Washington (CNSNews.com) – White House Spokesman Robert Gibbs told CNSNews.com today that the administration will "rightly" continue to implement the Obamacare law even though the federal judge who sided with 26 states in declaring it unconstitutional said that his ruling was “the functional equivalent of an injunction” against the law.

In his ruling last week, Judge Roger Vinson of the U.S. District Court for the Northern District of Florida wrote that in his opinion an injunction is an extraordinary measure, particularly when a ruling is against the federal government.

The ruling said an injunction would be an extraordinary measure. “It is even more so when the party to be enjoined is the federal government, for there is a long-standing presumption ‘that officials of the Executive Branch will adhere to the law as declared by the court. As a result, the declaratory judgment is the functional equivalent of an injunction,’” it said.

However, Gibbs said that other court rulings were in the administration’s favor.

“There are many courts that have heard many cases on this. More than 12 have dismissed the case,” he told CNSNews.com. “Two have ruled in our favor as to its constitutionality. Two have ruled against us. Implementation of the health care bill rightly continues to move forward as the law of the land.”

A total of 27 states – a majority of the 50 states – have sued to have the law declared unconstitutional. Virginia brought its own case against the federal law, while 26 states led by Florida brought a separate case.

In both cases involving states, courts declared the law unconstitutional, with a primary focus on the individual mandate.

Last year a federal judge in Michigan found that the Affordable Care Act was constitutional, and later, a federal judge in Virginia dismissed a separate lawsuit brought by Liberty University that challenged its constitutionality, the White House has noted. In other cases, the courts dismissed cases or determined that plaintiffs lacked standing.

Gibbs referenced two states that are moving forward with implementing the law despite the litigation.

“Despite the attorney general’s participation in the lawsuit, the state of Wisconsin announced that implementation moves forward,” Gibbs said.

“I would point out that one of the state houses in the commonwealth of Virginia passed by a vote of 95-3 to begin setting up health care exchanges,” he added.

(End of story. My comments follow.)

Abiding by the judge's decision until the case has been heard on appeal is the norm for this. By going forward with their agenda the denizens of the Executive Branch only reveal their contempt for the due process of the land.

So what else will they set aside when it runs counter to their wishes? How about election results in 2012?

No, I don't think the military would jump into any fray of that sort. IMO they'd distance themselves so far from it, we'd still be remarking on that fact decades later.

But there are some really rabid supporters of B.O. & Company, the sort of folk who feel the ends always justifies the means.

It's for possibilities like this the 2nd Amendment was written.

5 comments:

  1. What do you expect from a President who wrote that we"have to get beyond" constitutional limits to government?

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  2. Uh dismissing the case does not equal finding it constitutional. These people are scary!!

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  3. MRG, I'd bet my next retirement check the military definetly does NOT agree with Obama. As for the rest, IMO we've become a nation of wimps who hesitate before raising a fuss, no matter how justified. With an attitude like that the libs will run wild, trying to get away with as much as they can.

    That would include setting aside any nonDemocratic victory at the polls come 2012.

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  4. MM, when B.O. first started campaigning I opined how he scared the shit out of me. This is one reason why.

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