Timid Republicans and the unconstitutional health care law

Monday, Judge Roger Vinson issued his ruling voiding Obamacare in its entirety as unconstitutional. On page 79, he indicated that he expected the Federal Government to honor the ruling, which would mean that it ceases implementation.

But we know that the Obama administration is breaking new ground in its defiance of any other authority than its own. I just checked the White House website, and the only statement on Judge Vinson’s ruling is a posting by Stephanie Cutter yesterday (Tuesday). The posting plainly states: “The Department of Justice has made clear that it is reviewing all of its options in responding to this case, as it does in all cases. Implementation will continue.” The statement implies that Judge Vinson did not bar implementation of the law, which is false. He declared it void. But the administration is acting as if they don’t even have to appeal it.

Republicans, where are you on this? You should be jumping up and down and screaming, because the Obama administration has just thumbed its nose at the courts. Aren’t you going to stand up for the rule of law? Or are you going to allow it to be trampled?

Mark Levin had an interview on his radio show last night with David Rivkin, the Lead Counsel in the case. If the Obama administration does not cease implementing this law, any of the 26 states that were party to the lawsuit could go back to the judge and ask that administration officials be held in contempt of court.

Rivkin says he understands their strategy on this. They want to get as far down the line as possible toward implementing this law in the hopes that opposition will soften and they will have a better chance of keeping it. And maybe one of the conservative justices on the court will die in the meantime, and they’ll end up with a victory. They want to delay until the last possible day before filing an appeal. It’s a corrupt ploy, and Republicans need to fight them on every front.

This is one more step taking this country to the equivalent of a banana republic, where certain people can violate the laws with impunity, and where it becomes a government of the capricious whims of men rather than a government of laws.

About mesasmiles

By Dr. David Hall. Dr. Hall runs Infinity Dental Web, a small company that does Internet marketing for dentists. He has had a long-standing interest in politics and as a college student toyed with the idea of a political career.
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2 Responses to Timid Republicans and the unconstitutional health care law

  1. MauiSun says:

    Yo! This article is foolish. The ruling was by a U.S. District Court judge. This is the LOWEST LEVEL of the federal courts. There are still the Circuit Court of Appeals and the Supreme Court to go. In deference to the fact that it IS the lowest court, this court correctly did not have the audacity to try to stop implementation of the healthcare law.

    Reply by David Hall:
    So, then, Arizona doesn’t have to comply with the overturning of SB1070 which alleged that their enforcement of immigration law was unconstitutional, because that was just a district judge? Is that what you’re saying, MauiSun? And by your logic, then, the Obama Administration doesn’t have to appeal this ruling.
    And imagine, that a judge would have the AUDACITY to step in the way of the health care bill that the Democrats rammed through Congress against the will of the American people. But that’s the way you leftists think and operate – you force your way through and try to intimidate people into not stopping you.

  2. Paul says:

    No mention of the two federal judges who found the law to be constitutional? Remind me, who is thumbing their nose at the courts?

    Comment by David Hall:
    Yes, there are two judges who have ruled that the law is constitutional and two that have ruled that it is not. But none of those other judges ordered any action, only this one. So there is no contradicting order in force – just this one.

    And by your logic, then, the Obama administration can just pick a judge it wants to obey and go with it. In other words, they don’t have to appeal this ruling, is that what you’re saying? No, the proper procedure, if they don’t want to obey this order, is to go to the Appellate Court and ask for a Stay – that is the law of the land. A Stay is a legal document that says, “We’re going to appeal, and so we ask the court not to enforce this ruling until there is a ruling on the appeal.”

    Please see my posting on that matter under the title, Can Obama ignore the court, where I list the three reasons he needs to comply.

    Your question, “So who is thumbing their nose at the courts?” makes no sense. No one is thumbing their nose at the courts except the Obama administration and their apologists. The last President to try to thumb his nose at the courts was Nixon, and he was threatened with impeachment over it. Arizona deferred to the court over its immigration law. California honored the decision of a district court judge over the gay marriage initiative. It doesn’t matter if other judges agree or disagree. We have an orderly procedure in this country for dealing with these issues. It’s called “Appeal.” And the Obama administration is acting as if it doesn’t have to appeal – it can just get some other district judge to disagree. What a convenient system! If the administration wants to move forward with implementing this law, they go to the 11th Circuit and they ask for a “Stay” of the ruling, which would be granted immediately if the Circuit Court feels it is justified. That is the proper procedure. Anyone schooled in law knows this.

    Paul, you’re defending lawlessness by the executive branch. Can’t you see that? Think this through – if every president were to act this way, it would throw the country into absolute turmoil. There has to be a respect for the institutions of the country or it all breaks down. And Paul, you know that this is the way this administration operates. They did the same thing with the oil drilling moratorium when they lied in their report so they could justify their moratorium, and then a judge threw out the moratorium, and they went ahead with it anyway. And now, since Cap and Trade didn’t pass Congress, Obama is having his EPA implement it anyway. He’s going to keep pushing the envelope further and further unless we oppose him forcefully.

    I predict that people will slowly start to wake up over this, as some gutsy state attorney general goes back to this judge with a request that the administration be held in contempt. I think there are some attorneys general with that kind of courage – and that’s what it will take.

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