Judge Vinson sentences America to two-years of ObamaCare


“Clarification” order scolds DOJ to hurry up, then gives license to implement a law he deems unconstitutional

The only hope We the People had of preventing the solidification of socialized medicine pending a definitive ruling on President Barack Obama’s signature hope and change law no less than two years from now by the nation’s highest court, died last week at the hands of the man that had threatened to kill the administration’s assault on private health insurance dead in its tracks.

Federal U.S. District Court Judge Roger Vinson declared the entire health care bill unconstitutional, null and void on January 31, thus presenting the prospect that before the tentacles of the federal government could wrap themselves around one-sixth of the U.S. economy it would have to first prove its case to at least five justices of the U.S. Supreme Court.

A month passed in which several of the 26 State plaintiffs in the Florida case declared they would no longer implement the law Judge Vinson declared unconstitutional as Attorney General Eric Holder treated the 78-page order as no more consequential than a New York Times op-ed. Last month, Obama’s Department of Justice interrupted their contempt of Vinson’s jurisprudence by adding insult to injury with a motion to “clarify”, rather than take the usual course and ask for a “stay” of the ruling.

Sadly, Judge Vinson rewarded Obama’s contempt by issuing as un-asked for stay that essentially sentences the United States to unconstitutional governance for up to two years:

Judge Vinson filed a 20-page opinion today responding to the motion seeking clarification, and I find it pretty remarkable. I think it’s fair to say that Judge Vinson was not happy with DOJ. First, much of the new opinion is written as a rather defensive summary of his earlier opinion and, at times, a response to critics. Vinson then decided on his own to treat the motion for clarification as a motion for a stay, and then he granted his motion for a stay with an important condition: DOJ must file its appeal in seven days, and DOJ must then request an expedited appeal in the circuit court. This seems pretty unusual to me, given that DOJ wasn’t even seeking a stay from Judge Vinson. The pace of appellate litigation is normally up to the Federal Rules of Appellate Procedure, the litigants, and the Court of Appeals judges — not a district court judge.

Conservatives are supposed to be happy that the good judge harshly scolded Holder’s lawyers and required that they file an “expedited” appeal. Given all the legal maneuverings available in appeals to the 11th Circuit Court of Appeals and ultimately the U.S. Supreme Court, Judge Vinson may have trimmed a few weeks off a process that will likely last for no less than 18 months.

All that really matters in the order is the following:

Therefore, the defendants’ motion to clarify (doc. 156) is GRANTED, as setforth above. To the extent that motion is construed as a motion to stay, it is also GRANTED, and the summary declaratory judgment entered in this case is STAYED pending appeal, conditioned upon the defendants filing their notice of appeal within seven (7) calendar days of this order and seeking an expedited appellate review.

Maybe Judge Vinson knew that the 11th Circuit would have issued a stay, and so was doing what he thought was the best he could do under the circumstances. But it is not his job to help plaintiff lawyers along the appeals process.

His job was to pass judgment on the constitutionality of ObamaCare and prescribe a remedy appropriate to that determination.

Judge Vinson determined that the federal government hasn’t the power to regulate health care by forcing Americans to buy a private insurance policy or be fined. Yet, he decided its OK  for them to implement an unconstitutional law pending appeal.

Judge Vinson let us down.

Mike DeVine

Legal Editor - The Minority Report

Atlanta Law & Politics columnist for Examiner.com

“One man with courage makes a majority.” – Andrew Jackson

More DeVine Gamecock rooster crowings at Modern Conservative, Hillbilly Politics, Unified Patriots,  Political Daily and Conservative Outlooks. All Charlotte Observer and Atlanta Journal-Constitution op-eds archived at Townhall.com.


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March 6, 2011 10:35 am

That is depressing news, and is there any recourse for our side?

Brian Hibbert
March 6, 2011 10:48 am

Now I’m really confused GC. My understanding was that Vinson granted them 7 day stay to file an appeal, not a stay that lasted the length of the appeals process.

March 6, 2011 2:39 pm

He folded. I have no doubt he has been under unbelievable pressure, but the hopes of a Nation resided with him and he threw in his cards. Governor Walker is in the same situation, unbelievable pressure, pray he doesn’t fold as well.

March 6, 2011 3:03 pm

We’ll know in a week, GC. I think he gave them 7 days, but also to fast-track it. If they don’t comply within the letter and the spirit of his ruling, he can withdraw the stay ab initio, I think, so let’s see. I’ll wait until next Saturday to shed tears, because, if they fast track it, it can move fairly quickly, weeks, not years.

Cold Warrior
March 6, 2011 4:50 pm

A pen, a piece of paper and words is all Judge Vinson has; what do “we the people” have? We’ve got time. We’ve got a little money. We seem to be lacking basic Civics education and a willingness to get involved in local party politics inside the Republican Party as precinct committeemen in sufficient numbers to make a real difference, as more than half of the precinct committeemen slots, on average, in every locale in the country, are still vacant. “We the people,” in the end, will, or will not, take back our government. It’s clear that Opuppet and his… Read more »

March 8, 2011 7:53 am

Yeah, but….a filed appeal is a filed appeal and switches jurisdiction they’re dealing with. How fast could SCOTUS take this if they wanted,GC and start giving orders on briefing and hearing? It it theoretically possible we could all including Zero’s team too,,be off to the races on this?

March 8, 2011 7:54 am

Whoops I meant the circuit court, got to go there or touch base before SCOTUS – same question, can this get expedited on a fast track to SCOTUS?