Judge Orders 'Expedited Appeal' of Obamacare for the Good of the Nation
Friday, March 04, 2011
By Susan Jones
John Boehner, House health care bill
House Minority Leader John Boehner appears with a copy of the Democrats’ version of the health care bill during a news conference on Capitol Hill on Thursday, Oct. 29, 2009. (AP Photo/Harry Hamburg)
(CNSNews.com) - A federal judge in Florida, clearly annoyed by the Justice Department's request for "clarification" of his ruling that the new health care law is unconstitutional, on Thursday granted a stay of his February ruling -- but only if the government files an appeal seeking an expedited review of that ruling, either in the Court of Appeals or with the Supreme Court, within 7 days.
Judge Roger Vinson noted that the Obama administration has had more than a month to file an appeal and has not yet done so. "It should not be at all difficult or challenging to 'fast-track' this case," he wrote in his clarification.
"It is very important to everyone in this country that this case move forward as soon as practically possible."
In clarifying his order, Judge Vinson noted that he declared the health care law's individual mandate unconstitutional -- and because the individual mandate provision cannot be separated from the rest of the law, "the entire legislation was void."
"This declaratory judgment was expected to be treated as the 'practical' and 'functional equivalent of an injunction,'" Vinson wrote in Thursday's clarification. But instead, he added, the Obama administration ignored the order and continued implementing the law.