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Old 04-06-2011, 09:52 AM   #1
learning7966
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Default Office Ultimate 2007 Obama Administration Files No

Our Vision Constructing an The us where by freedom, chance, prosperity, and civil society flourish. The Heritage Basis Leadership for The united states About the Heritage Basis Founded in 1973, The Heritage Basis is really a exploration and educational institution—a imagine tank—whose mission is always to formulate and advertise conservative public policies influenced by the principles of free of charge enterprise, restricted authorities, particular person freedom, traditional American values, in addition to a sturdy national defense. We are convinced the principles and concepts with the American Founding are value conserving and renewing. As policy entrepreneurs,Microsoft Office 2010 Key, we consider quite possibly the most valuable options are consistent with people thoughts and principles. Did Obama Eventually Accept That He Lost the Obamacare Lawsuit? Posted March 8th, 2011 at eight:52pm in Overall health Care, Rule of Law with sixteen comments Print This Post
After weeks of delay, the Obama Administration lastly went ahead and did it. Early Tuesday night,Office 2010 Product Key, the Department of Justice filed a notice of appeal in Florida v. HHS,Windows 7 Activation Key, the multi-state lawsuit that has the best chance of striking down Obamacare. This is known as a routine filing with the district court, but it is usually a necessary step in the march to the Supreme Court.
But there’s a small nugget of news buried in the filing for these who have been following the case closely: the filing is two days early! That isn’t much, but it is known as a conspicuous change of pace for the Obama Administration, which has attempted to delay this litigation at every turn, and with highly questionable legal tactics. The administration’s goal will be to buy time to build up the edifice of Obamacare so that, even if the courts do strike down the individual mandate, the Supremes will allow the rest to stand. That strategy may now be unraveling.
The administration’s most notable effort to drag out the litigation came earlier this month in a bogus “motion to clarify” Judge Roger Vinson’s decision, which held that the particular person mandate was unconstitutional and struck down the whole law. As Hans von Spakovsky and I explained last Thursday, that strategy backfired spectacularly with a stunning and deserved rebuke from the district court. As Judge Vinson explained in his order last week, the court expected that DOJ would rush to stay the court’s order and then file an immediate appeal. But, the Judge wrote, “It was not expected that they would effectively ignore the order and declaratory judgment for two and one-half weeks, continue to implement the Act, and only then file a belated motion to “‘clarify.’” The Administration, he concluded, was just playing games.
To get things moving, Judge Vinson gave the authorities an ultimatum: appeal within a week and seek expedited briefing in the appellate courts (either the Eleventh Circuit or the Supreme Court), or the implementation of Obamacare will come to an immediate halt. Wisely, DOJ took the judge at his word—this time—and filed its notice of appeal.
But will DOJ take the next required step and ask the appeals court for an expedited schedule going forward? Until tonight,Office 2007 Pro, it seemed like the authorities would wait out every deadline to the last possible moment. Now, however, DOJ may have come to the realization that the courts have seen through its strategy, and further delay will prejudice the next level of judges further.
So here’s to hoping that DOJ has changed its ways. And even if not, we can thank Judge Vinson for putting the appeals court on notice so that it won’t put up with any attempt to do an end run around the judicial process and, ultimately,Office Ultimate 2007, the Constitution.
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