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Obamacare Ruling Clarified: Unconstitutional, Appeal in 7 Days

Posted By admin On March 4, 2011 @ 5:07 am In U.S. News | Comments Disabled

David J. Shestokas
Suite101 [1]
March 4, 2011

On January 31, 2011, Judge Roger Vinson declared Obamacare unconstitutional. The Dept. of Justice didn’t understand and asked the judge to clarify.

On March 3, 2011, Judge Vinson did in fact clarify his ruling of January 31 [2]. In a 20 page opinion he reviewed his reasons for finding the Affordable Care Act unconstitutional. Just as importantly he reviewed his reasoning for not issuing a “stay”. (The judge’s original ruling is discussed in detail with discussions of the legal concepts of stay and injunction at US Asks Clarification of Unconstitutional in FL Obamacare Case [3].) He gave the government something it did not ask for, a short term stay, providing the government filed an appeal within seven days.

Original Ruling Declaring “Individual Mandate” Unconstitutional Easy to Clarify

In his March 3rd opinion [4] Judge Vinson took but two sentences to “clarify” what he meant on January 31:

“So to “clarify” my order and judgment: The individual mandate was declared unconstitutional. Because that “essential” provision was unseverable from the rest of the Act, the entire legislation was void.”

Full article here [1]

Stock up with Fresh Food that lasts with eFoodsDirect (AD) [5]

Obamacare Ruling Clarified: Unconstitutional, Appeal in 7 Days 260310banner2 [6]


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URL to article: http://www.prisonplanet.com/obamacare-ruling-clarified-unconstitutional-appeal-in-7-days.html

URLs in this post:

[1] Suite101: http://www.suite101.com/content/obamacare-ruling-clarified-unconstitutional-appeal-in-7-days-a355367

[2] January 31: http://www.suite101.com/content/affordable-care-act-obamacare-analysis-of-unconstitutional-law-a350414

[3] US Asks Clarification of Unconstitutional in FL Obamacare Case: http://www.suite101.com/content/us-asks-clarification-of-unconstitutional-in-fl-obamacare-case-a350437

[4] March 3rd opinion: http://graphics8.nytimes.com/packages/pdf/health/20110303-vinson-health-order.pdf

[5] Stock up with Fresh Food that lasts with eFoodsDirect (AD): http://www.efoodsdirect.com/

[6] Image: http://purewaterfreedom.com/

[7] Florida Judge Rules Obamacare Unconstitutional: http://www.prisonplanet.com/florida-judge-rules-obamacare-unconstitutional-2.html

[8] Judge Cites Obama’s Own Words In Ruling Health Care Unconstitutional: http://www.prisonplanet.com/judge-cites-obamas-own-words-in-ruling-health-care-unconstitutional.html

[9] The Same Federal Judge Who Struck Down Obamacare Approved The Government’s Sweeping Collection Of Phone Records: http://www.prisonplanet.com/the-same-federal-judge-who-struck-down-obamacare-approved-the-governments-sweeping-collection-of-phone-records.html

[10] With Obamacare ruled unconstitutional; states embrace limits on federal power: http://www.prisonplanet.com/with-obamacare-ruled-unconstitutional-states-embrace-limits-on-federal-power.html

[11] High Court Ruling Will Provoke States to Nullify ObamaCare: http://www.prisonplanet.com/high-court-ruling-will-provoke-states-to-nullify-obamacare.html

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