Obama Administration Asks Judge to Clarify Health Ruling

By: Associated Press
By: Associated Press

Pensacola, FL (AP) - The Justice Department is asking a federal judge in Florida to tell states that they must continue to enact the Obama administration's health care overhaul despite the judge's ruling that the law is unconstitutional.

In a motion to clarify filed late Thursday, attorneys for the Obama administration asked U.S. District Judge Roger Vinson to make clear that states cannot ignore the new health care laws while his ruling is being appealed.

Vinson ruled Jan. 31 that President Barack Obama's entire health
care overhaul law is unconstitutional. That placed even noncontroversial provisions under a cloud in a broad challenge that seems certain to be resolved only by the Supreme Court.

The lawsuit was filed by Florida and 25 other states.

(Copyright 2011 by The Associated Press. All Rights Reserved.)

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  • by IM4FSU Location: Tallahassee on Feb 19, 2011 at 07:15 AM
    I think a national health care system would be nice. The problem is, the mandate requiring everyone to pay for it is the only way we could fund it (according to Obama, Pelosi, et al), and such a mandate is unconstitutional. Is this hard to understand? (It was just a few years ago that Bush was accused of calling the Constitution "just a GD piece of paper" but now the libs are proving what they think of it.) So go back to the drawing board, and this time, try not to push something through in the middle of the night that nobody is allowed to read.
  • by Bob Location: Jasper on Feb 18, 2011 at 05:02 PM
    jswang - you only buy car insurance if you have a car, home insurance if your mortgage company mandates it, fica and social security only if you work. This law mandates that every living person, even one who has no income and never leaves his house, must buy health insurance. This is the first law that ever affected people doing nothing. If this stands the government could force men to be sterilized and women to have abortions. Is that okay with you? (In the 1940's the supreme court ruled the government couldn't sterilize people) Just think, you or your wife (depending on which sex you are) could get pregnant and the government could say no and force you to have it aborted. That is why this law as it stands is so bad.
  • by Anonymous on Feb 18, 2011 at 04:15 PM
    Jays wang hahahahaha thats funny, just like his comment.
  • by tom Location: madison on Feb 18, 2011 at 04:13 PM
    Yes jswang the law has already been declared unconstitutional by two federal judges.....i guess you missed that small minor point. You do not have to pay for house insurance unless you own a house and then it is still optional you do not have pay for car insurance unless you own a car.....BUT I HAVE TO BUY HEALTH INSURANCE EVEN IF I NEVER GO TO A DOCTOR.... OPEN YOUR EYES JSWANG
  • by jswang Location: Tallahassee on Feb 18, 2011 at 12:54 PM
    No the laws idiots! It's not unconstitutional. How can we have to pay for car ins, home ins, fica, social security but not healthcare for people that really need it? Some of you I swear are just plain idiots. Its not unconstitutional until the supreme court says so. Get over it. This will pass like every other bill a president pushes for so get over it.
  • by Kevin aka Reality Location: Monticello on Feb 18, 2011 at 10:39 AM
    Of course they will find a way to push it over. They must preserve Healthcare Promises to Illegal Immigrants just as the Right Republicans must bail out the Banks as a promise to big Business. All you are left with now is Left , Right , Globalization , and Debt. The regular all American Joe in the middle is squeezed to death and has NO voice. I fear my friends , all that we know , all that good men died in the mud for .....will be a thing of history. Just as the English Language in America.
  • by Scott Location: Tallahassee on Feb 18, 2011 at 09:33 AM
    @nate. It appears that you have been misinformed regarding the status of this law. The judge who ruled the law unconstitutional was not a state judge, he was a federal judge located in Pensacola. His ruling "nullified and rendered unenforceable" this law in it's entirety. His authority to do so is not in question. That means is unconstitutional nationwide and the government may not enforce it. The government has the option of appealing to the appellate division division to ask for this ruling to be overturned, but until such an event occurs the law is nullified and unenforceable. When asked why he had not ordered an injunction preventing the administration for proceeding to implement the law, the judge replied that it was not necessary because the administration understood the ruling and the executive branch had never, in the whole history of our country, chosen to willfully disobey a federal judges ruling of this type. They are allowed to seek this permission, but I doubt approval.
  • by PrezNixon on Feb 18, 2011 at 09:07 AM
    Hey Bozo in the white house...it is Unconstitutional. Maybe if you release your school records we can find out you never passed kindergarten.
  • by Nate Location: Tallahassee on Feb 18, 2011 at 08:07 AM
    No, it's NOT bullying tactics. It's following precedence. Once a bill becomes LAW, unless the law is agregiously wrong, the law will prevail, until the SUPREME COURT rules it unconstitutional. A State court can rule it unconstitutional, but the law MUST be implemented, until the challenge goes through every other court until it reaches the supreme court. That being said...If the US Supreme Court declares a law unconstitutional, it is THEN nullified and rendered unenforceable. It can not be reinstated. However, under certain circumstances, Congress may rewrite the law so that the new version complies with constitutional principles. At this point, the bill would be subject to the same legislative process as new Acts of Congress. So now, instead of name calling and partisan wrangling, let's discuss the REAL issue(s) and get to work on resovling the issue(s) to benefit as many as possible...not just a select few or group!
  • by TOM Location: MADISON on Feb 18, 2011 at 07:31 AM
    What freaking judge in his right mind would order states to enforce an unconstitutional law.......is Obama for real?
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