• The Heritage Network
    • Resize:
    • A
    • A
    • A
  • Donate
  • Did Obama Finally Accept That He Lost the Obamacare Lawsuit?

    After weeks of delay, the Obama Administration finally went ahead and did it.  Early Tuesday night, the Department of Justice filed a notice of appeal in Florida v. HHS, the multi-state lawsuit that has the best chance of striking down Obamacare.  This is a routine filing with the district court, but it is a necessary step in the march to the Supreme Court.

    But there’s a small nugget of news buried in the filing for those who have been following the case closely: the filing is two days early! That isn’t much, but it is 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 is 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 individual 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 government 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, it seemed like the government 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, the Constitution.

    Posted in Obamacare [slideshow_deploy]

    19 Responses to Did Obama Finally Accept That He Lost the Obamacare Lawsuit?

    1. Georgetown says:

      Seems to me the Gov is still playing footsie. That is a "notice of appeal", not an "Expedited Appeal" that Judge Vinson mandated. They have 2 more days! To file the right papers IMHO.

    2. Pingback: Did Obama Finally Accept That He Lost the Obamacare Lawsuit?

    3. J. Guidry, Battlefie says:

      Thank you, Judge Vinson, for standing up to the corrupt administration of Obummers and his minions. Now if the Judge in Louisiana would enforce his order re; the illegal and damaging moratorium on drilling in the Gulf. That would send the message that this administration is not above the law.

      Then we vote all the bums out in 2012 and start returning to a Constitutional Republic, not a theocracy.

    4. Paul, WI says:

      Is it too much to hope for that this abomination (Obamacare) will actually be stopped? Sadly, I think yes….

    5. Joan C Dickerson, Ch says:

      Perhaps our Constitutional Scholar/President would not have had such an embarrassing time with the Healthcare bill if Nancy would have let him read it before it was passed? Could have saved the embarrassment of having to grant waivers. If it isn't equally applied to all, the bill must be repealed… it's called equal protection, and these waivers are descriminatory.

    6. Myrtle Linder SC says:

      Judge Vinson is my hero. The only one right now, who stands along with GOD, between the people of America and the disasterous Obama Health Care Bill. According to reports it has already cost the lives of several people because they could not get needed care. They were determined not to be covered by the bill.

      Thank you, so very much, for standing on your principles, Judge Vinson. Gumption is a rare talent. Out the many judges, HE IS THE ONLY ONE TO COUNT, TO TAKE A STAND TO DO HIS DUTY FOR HIS PEOPLE. It is such a shame, so many of us simply do not have the guts it takes to stand up for what we believe is right.

    7. Pingback: Must Know Headlines 3.9.2011 — ExposeTheMedia.com

    8. Lloyd Scallan (New O says:

      Time and time again Obama has proven he is not interested in following the rule of law nor the orders of the court. For anyone to suggest that the Obama is actually "accepting that he lost ObamaCare" is beyond foolish or naive. It stupitity! It's hard to understand that anyone at the HF has not yet realized that Obama has an agenda, thus will not give up his dream of a totally controlled socialist government. ObamaCare is his first step.

    9. Kevin H, college par says:

      Where have you been? Last week, they were given 7 days to appeal. You act as if they have just been twidling thumbs and suddenly out of nowhere they file an appeal. You might want to keep up with current reading.

    10. Calvin Riley says:

      If you had undertaken to read his entire 78-or-so-page order, as I did, you would have noticed that Judge Vinson was indeed sympathetic to the idea of health care reform. That he would rule on the Constitutional merits (or rather, the lack thereof) of the PPACA, in spite of this, makes him and his ruling ever more admirable. God bless him!

    11. Leon Lundquist, Dura says:

      Todd, if only Obama gave a tinker's damn about the Rule Of Law! Then perhaps it would matter how Obama takes it from Judge Vinson. Whether they ever get caught or not, the Administration is in Contempt of Court, Contempt of Congress and Contempt for the Constitution! I crowed so much about Vinson's excellence, I had to read his Order Of 3 March, 2011! Guys! It is worth the trouble to Read this Patriotic Judge in his own words! God! I love Judge Vinson!

      I loved the Judge's rebuff of Charles Fried in Note 2. Chucky, the Chicken Fried Harvard Law School puke says everybody should be forced to buy broccoli! But, you see, that's 'okay' because the Fed Gov won't use it's awesome power! Yeah, sure, Obama keeps all his promises! Ha! Vinson points out how convoluted the argument is, and how insincere the Obamacrats really are!

      Judge Vinson casts doubt on the intention of the Law, that it was anything more than a foot in the door, meant to fail by its framers, and that is why the Severability Clause was left out. Essentially the Demo-crats just used it to pick a fight, win whether they lost or not. Imagine the corruption! To ram this thing through, knowing it is flawed! Then Michelle Bachman finds $105 Billion in it (and the money is irretreivable!) The validity of the Act is not important, it is to smear Republicans in the Fight! It is all about stealing money, wrecking things and blaming others. They never intended for Obamacare to work, it was intended to make work for the Republicans so they wouldn't have time to undo the Progressive Agenda or Obama's Shadow Government Dictatorship! Knowing it can't work without the Individual Mandate they still want the other thefts and destruction implied in the Act.

      Again Vinson does a beautiful job of explaining Law and it is wonderful how carefully he examines each technical detail, and writes it so clearly. If Obama were a loyal American he would learn something, but he is not.

    12. Matt says:

      All that the respondents in this case need to do now is cite to the spectacularly briliant ruling from whatever bozo federal judge just ruled that Obamacare is constitutional. There, the judge held that:

      1. an intentional mental choice to not to do something is still therefore a choice

      2. by making a mental choice you are acting

      3. by acting in regards to healthcare you are acting in the stream of commerce

      4. by acting in the stream of commerce Congress can regulate you

      If the respondents put forward that the only possible way for Congress to constitutionally regulate inactivity is by wielding power as the thought police, any dunce with a black robe and a gavel will see that the Democrats overreached, and this monstrosity must be shut down. Hopefully the decision from the Supreme Court comes out around Aug-Sep of 2011 and we all sit back and watch the dems come apart as they try to explain to their constituents why they unanimously voted controversial unconstitutional legislation through despite all the public opposition to it without even engaging the republicans.

    13. Daniel Davies, Philo says:

      The Justice Department did request the Expedited Appeal, suggesting a hearing by June or July.

    14. Diana Brown, Illinoi says:

      Obama's idea of this law is indeed unconstitutional. Anyone reading our country's constitution would know that. I am so disgusted with Obama because he is truly destroying our country and we need to stand up peacefully and say "Enough is Enough". He truly does not regard the rule of law and he is constantly bypassing our Congress. This in itself is unconstitutional. Of couse, he does not care about our country and if he likes Socialism so much, then he and his family should move to Europe. He needs to be voted out of office and I truly believe he should have been impeached a long time ago. There are so many people out there that were fooled by his policies and agenda. God please help our great country.

    15. Renny Maryland says:

      What would happen if the states just refused to accept ob care????

      Would the world come to an end or would it make him to set up and take notice!!! How much precious time and money is being waisted on this childness nonsence!!!!!!!????

    16. Wes in cincy says:

      Obama only cares about one thing. Keep the Obamacare structure.

      He doesn't care what piece the Repubs take out as long as he can keep the structure. He feels that he will be re-elected in 2012 and then he can plug

      it all back in. If people think this guy is acting like a dictator, you ain't seen

      nothing yet. If he is re-elected, his first 2 years will look tame.

      Chavez is cheering him on.

    17. Myke NV says:

      Maybe now that Drs won't be paid the same as drywall hangers they will not leave their profession.

    18. Frank T. McCarthy, K says:

      The excerpt below is from Alexander Hamilton's Federalist 23

      " Shall the Union be constituted the guardian of the common safety? Are fleets and armies and revenues necessary to this purpose? The government of the Union must be empowered to pass all laws, and to make all regulations which have relation to them. The same must be the case in respect to commerce, and to every other matter to which its jurisdiction is permitted to extend. . . .Every view we may take of the subject, as candid inquirers after truth, will serve to convince us, that it is both unwise and dangerous to deny the federal government an unconfined authority, as to all those objects which are intrusted to its management."

      No surprise that Judge Vinson didn't cite this passage.

    19. cathy, maine says:

      I went to a program called Physicians for a National Health Program….pnhp.org…they spelled out all the details and it sounds like a great alternative to Obamacare or doing nothing. check it out and ask your elected representatives to give us this program instead!

    Comments are subject to approval and moderation. We remind everyone that The Heritage Foundation promotes a civil society where ideas and debate flourish. Please be respectful of each other and the subjects of any criticism. While we may not always agree on policy, we should all agree that being appropriately informed is everyone's intention visiting this site. Profanity, lewdness, personal attacks, and other forms of incivility will not be tolerated. Please keep your thoughts brief and avoid ALL CAPS. While we respect your first amendment rights, we are obligated to our readers to maintain these standards. Thanks for joining the conversation.

    Big Government Is NOT the Answer

    Your tax dollars are being spent on programs that we really don't need.

    I Agree I Disagree ×

    Get Heritage In Your Inbox — FREE!

    Heritage Foundation e-mails keep you updated on the ongoing policy battles in Washington and around the country.