After U.S. District Court Judge Roger Vinson struck down the healthcare law, we discussed a curious part of his opinion where he declined to grant injunctive relief but then stated that it was not necessary because his declaratory judgment served the same function. I disagreed with that view and recently the Justice Department decided to call the bluff and ask if Vinson believed that he had barred the implementation of the law nationally. They won. Vinson ruled yesterday that the Administration could continue to implement the law — despite various states citing his opinion as the basis for refusing to work with the federal government in implementing the law.
Vinson ordered the Administration to seek an expedited appellate review within the next week.
In staying the January 31st order, Vinson wrote that “[i]t is very important to everyone in this country that this case move forward as soon as practically possible.”
Vinson made the right call here and the Justice Department made a good play with its somewhat risky motion.
Source: Yahoo
This is a serious strategic loss for the government. Judge Vinson has challenged the federal government to speed up the appeals process, which would normally take much longer, forcing the hand of the Administration, which would like to slow down the litigation through questionably legal tactics if it can get away with it so it can implement as much of Obamacare as possible before it gets to the Supreme Court.
You can read the entire article at:
* http://gainesvilleteaparty.org/hot-topics/healthcare/judge-vinson-t…
Stamford,
I think he sees the writing on the wall.
rafflaw,
“This was the correct decision by Judge Vinson who, in my opinion was incorrect in overturning the law to begin with.”
I was thinking maybe that’s why he issued this decision, but pure speculation on my part.
This was the correct decision by Judge Vinson who, in my opinion was incorrect in overturning the law to begin with.
Ta-Da
And there you have it.
I think even by accident the right things happen….