atomic_fungus (atomic_fungus) wrote,

#2522: CAN'T.

Once the law has been declared unconstitutional--absent a stay from a higher court--it's null and void.
Most insurers, hospital executives and state officials expect they'll keep carrying out President Barack Obama's health care overhaul even after a federal judge cast its fate in doubt by declaring all of it unconstitutional.
It's illegal.

ObamaCare is "too big to stop" because of the decision of "one judge".

"'It's still the law of the land,' said William Hoagland, vice president for public policy at health insurer Cigna."

That's just it: it's not. The instant Judge Vinson issued his verdict and banged his gavel, ObamaCare was not the law of the land any longer. It's null and void.

Now: a higher court can issue a stay, which will temporarily render ObamaCare immune to the effects of being ruled unconstitutional, until that higher court can decide whether or not to uphold the lower court's ruling. But the law is in the twilight zone, where it's not really constitutional but it's also not yet stricken down. As soon as the higher court issues its ruling, that determines ObamaCare's status. If the upper court upholds the lower court's ruling, that's it. (Unless the Supreme Court gets involved.) If the upper court says, "Hell no, ObamaCare ain't unconstitutional," only then does ObamaCare return to being "the law of the land".

ObamaCare is already a nightmare swamp of "shall be determined", ensuring that no one knows how the hell it's going to affect them until it's in place; and the uncertainty of its constitutionality will only add to the confusion. This state of affairs will continue until the Supreme Court makes a ruling on it.

What a colossal waste of time and money this shit is.


Oh, it gets better, it does.

The Obama administration is going to ignore the ruling.

As the post linked by Vox Day points out:
So now we have a White House that has declared its intent to ignore a declaratory judgment.

The Administration has no right to do this.

Obama's White House has exactly two options:

* Comply with the ruling. This means that any and all activity authorized or mandated by the Statute [must] cease now.
* File an appeal and ask for a stay pending its hearing. If said stay is granted, then the ruling is held pending consideration.
That's the extent of their constitutional and legal options, end of fucking list.

The Obama administration says, "...states cannot use the ruling as a basis to delay implementation in part because the ruling does not rest on 'anything like a conventional Constitutional analysis.'"

That's not for the Obama administration to say. A verdict has been issued and the law has been struck down as unconstitutional; the White House cannot just ignore it and go on with business as usual while they file an appeal.

But, after all, these are Democrats. Those pesky rules don't apply to them!

  • Post a new comment


    default userpic

    Your reply will be screened

    Your IP address will be recorded 

    When you submit the form an invisible reCAPTCHA check will be performed.
    You must follow the Privacy Policy and Google Terms of use.