The Obama administration got a well-deserved rebuke today from Judge Roger Vinson in the Florida lawsuit challenging the constitutionality of Obamacare (aka the Patient Protection and Affordable Care Act). Judge Vinson issued a new order in response to a bizarre and obtuse “motion to clarify” that the Department of Justice (DOJ) filed on February 17.
Vinson’s original order on January 31 could not have been clearer: He declared the entire law unconstitutional and specifically said that, because he presumed that officials of the executive branch would adhere to the law as declared by a court, his declaratory judgment striking the law down was the functional equivalent of an injunction. Judge Vinson wrote then that he presumed that the executive branch would follow his order, which any lawyer (including a lawyer President) would know requires them to cease implementing Obamacare with respect to the 26 states that are plaintiffs and the National Federation of Independent Business. That turned out to be a faulty presumption, indeed.Continue reading on blog.heritage.org