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Florida judge wants an end to DOJ foot-dragging on Obamacare

By Michelle Malkin  •  March 3, 2011 01:49 PM

Ill-informed lefties are greeting the news of Florida-based federal judge Roger Vinson’s stay on his own decision to strike down Obamacare as unconstitutional with glee.

Their glee is misplaced.

Vinson’s order today is an attempt to end the Justice Department’s foot-dragging on filing an appeal. The judge called out the White House shenanigans and set a deadline:

U.S. District Judge Roger Vinson ruled Thursday that implementation of the health law can proceed — but he gave the Obama administration just seven days to file an appeal.

Vinson issued a stay of his own Jan. 31 ruling that declared the entire health care reform law unconstitutional. He chastised the government for not interpreting that ruling as an immediate injunction to stop implementing the new law.

But in a twist, he said he interpreted the Justice Department’s request for clarity as a motion to stay, which he granted.

“Because the defendants have stated that they intend to file a subsequent motion to stay if I were to ‘clarify’ that I had intended my declaratory judgment to have immediate injunction-like effect (which I just did), I will save time in this time-is-of-the-essence case by treating the motion to clarify as one requesting a stay as well,” Vinson said.

Vinson criticized the Justice Department for not following normal procedure and requesting a stay.

“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,’” Vinson wrote.

Vinson is trying to push the government into quickly resolving the case, requiring them to file an expedited appeal to the 11th Circuit or Supreme Court…

By now, the culture of contempt should always be expected by taxpayers, private businesses, and judges.

Your move, AG Eric Holder…


Ed Morrissey sums up: “Basically, this forces the Department of Justice to not only expedite the appeals process, which they were clearly hoping to avoid, but now to do so and to seek a stay of Vinson’s first ruling. The dilatory tactics that Vinson blasts in this ruling almost certainly won’t impress the appellate court, either. Furthermore, the order forces the Obama administration to fight on Vinson’s ruling first and now rather than wait for a more friendly set of rulings and hope to marginalize Vinson down the road.

The White House asked for a clarification. They got a trip to the woodshed instead, and a very short time frame to stop the halt to ObamaCare that Vinson’s ruling creates.”

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