Careful There, Ear Leader (UPDATED)

LC Subotai points out the Ogabe Junta’s troubling response to Judge Vinson’s finding, which basically amounts to “fuck the law, we’re going straight ahead regardless” or, as they literally put their reaction to OgabeCare being found un-Constitutional in its entirety, “implementation will continue.”

Even CNBC noticed.

You just can’t do that under the law. What you can do, and what the Ogabe Junta should have done, had they cared one little fig about the law, would be to file for a stay and, quite frankly, considering the number of legal battles going on here and the almost certainty that it’ll go to the Supreme Court before it’s settled, we’re having a hard time imagining that such a motion would not be granted on the grounds that it is still very much early in the process but, then again, we’re not a lawyer.

Perhaps the Consigliere would care to chime in?

But the “Constitutional Scholar” in Chief obviously didn’t consider it necessary for his glorious self to follow the laws he is sworn to uphold and defend.

It’s becoming increasingly clear just why Ogabe decided to side, unequivocally, with the dictator-wannabe of Honduras when he was ousted in full accordance with the laws of Honduras, calling the citizens of Honduras utilizing their recourse to the law a “coup.”

Laws are not for him, obviously, at least not in his megalomaniacal, narcissistic, diseased mind.

CNBC asks the question:

should government officials mindful of the constitution start defying the Obama administration to honor the decision by the court?

If they have laid down an oath, then they have no choice. Except for the choice to join in the Ogabe regime’s unlawful usurpation of powers that are not theirs and their utter disregard for the rule of law.

And if they do decide, as Ogabe and his regime have apparently decided, that they’re above the law, then they’d do well to remember, all of them, that if you’ve declared yourself above the law…

Then you’re outside the law.

We trust that everybody can draw the only logical conclusion from there on out.

Thatisall.

UPDATE: Well, it seems that none other than Justice Vinson himself spelled out why he didn’t include a specific injunction, seeing as how there is no need to:

It is even more so when the party to be enjoined is the federal government, for there is a long-standing presumption “that officials of the Executive Branch will adhere to the law as declared by the court. As a result, the declaratory judgment is the functional equivalent of an injunction.” See Comm. on Judiciary of U.S. House of Representatives v. Miers, 542 F.3d 909, 911 (D.C. Cir. 2008); accord Sanchez-Espinoza v. Reagan, 770 F.2d 202, 208 n.8 (D.C. Cir. 1985) (“declaratory judgment is, in a context such as this where federal officers are defendants, the practical equivalent of specific relief such as an injunction . . . since it must be presumed that federal officers will adhere to the law as declared by the court”) (Scalia, J.) (emphasis added).

Since the Ogabe Junta has clearly and unequivocally declared that they have no intentions of following the decision and won’t even follow the law as far as filing for a stay, they’re clearly in contempt. Actually, they’re bordering on sedition if they’re not already there, so if they don’t think again and start following the rule of law, impeachment would seem the only way to go from here.

36 comments

  1. 1
    seagoon growls and barks:

    That be a long time with no comments, so I’d better jump in…. not that I have anything in particular to say, just don’t like naked threads 😀

  2. 2
    Teufelhunden_JD growls and barks:

    IIRC it was simply declaratory relief, not injunctive. So Vinson called a spade a spade, but didn’t tell them to drop said spade, leaving that for once someone is actually forced to buy insurance under a mandate.

    I could be talking out my ass though.

  3. 3
    Library Czar growls and barks:

    BIW can you weigh in on this?

  4. 4
    bruce growls and barks:

    i think that tar,feathers and a rail would look good on bongo and the first sasquatch.the house is not going to fund bongo,s commie care and single payer health care is the road to bankruptcy as mass is finding out.

  5. 5
    Cortillaen growls and barks:

    Response to Cortillaen @:
    Link on the EPA milk thing.

  6. 6
    Gladiator growls and barks:

    “Republicans must continue to pursue repeal of the whole Obamacare law. None of this, ‘Well, there are parts of it that we like.’ Forget that. No deals, no negotiations. Kill it.”

    “The New Castrati is saying, ‘Well, we have two other federal judges who said that Obamacare is constitutional. What about that, what about that, what about that?’ Here’s the true answer, and don’t doubt me: it means nothing.”

    “This is not an occasion to look for common ground. This is an occasion to build upon a decision that rules the fundamental building block of Obama’s reason to be president unconstitutional.”

    “Mr. New Castrati, if they can force us to buy health insurance, they can force us to buy broccoli. Once you get this in your head that they can force us to buy health insurance, what’s to stop them from making us buy a stupid electric car?”

    “I’ll tell you, Judge Vinson’s reference to the original Tea Party was just a really great poke in the eye to the Democrats and the media. I mean, he could’ve cited any number of examples, but to take that one… That was just, ‘I’m gonna jam this in the nearest orifice I can find, and I’m not stopping!'”

    “Obama’s a constitutional scholar, folks. Or, more properly, he taught how to subvert the Constitution to a bunch of ACORN-types when he was in Chicago.”

    h/t Rush Limbaugh

  7. 7
    lc purple raider growls and barks:

    just who is this benevolent Single Payer who is going to rescue health care in this country?

    You and me, through very high taxes.

    I find it hilarious that the Canadian government owned health system has a waiting list of 10 months for a maternity room.

    Not so hilarious for the mothers, but hilarious nonetheless.

  8. 8

    lc purple raider says:

    You and me, through very high taxes.

    Gawd……aren’t we just teh most generous guys around???? how decent of us to take this on.

    lc purple raider says:

    I find it hilarious that the Canadian government owned health system has a waiting list of 10 months for a maternity room.

    Not so hilarious for the mothers, but hilarious nonetheless.

    as a recent prostate cancer sufferer, if we had that single payer system that you and I would so generously pay for I would still be waiting for the surgery I had only 5 weeks after diagnosis last year. 5 weeks…..from blood test to operation….to being clean from cancer. What a crappy system eh?

  9. 9
    LC LittleRott84 Imperial DJ growls and barks:

    Oh my mother is going to have a cow. See, my sister is 23, and recently had to have quite a bit of medical attention over the past week or so. She lost her health insurance a while back because of the idiots that bought the company she works for (she’s required to work at least 28 hours a week in order to keep her health insurance, and her hours were cut by more than half, which means there goes her health insurance). The law extended the length that a “dependent” can be on their parents’ plan, from 23 to 26. However, the only problem is that it’s regardless of whether or not said “dependent” is in school or working and not getting benefits.

  10. 10
    Cannon Fodder growls and barks:

    DJ, honestly I think you’re wrong. UNTIL a higher court alters the ruling, the lower courts decision is final. Otherwise criminals would never go to jail until the supreme court ruled or refused to hear the case.

  11. 11
    LC PrimEviL growls and barks:

    I’d like to register an appeal of my own.
    10 Megatons.
    There, bastards, appeal that. Ha!

  12. 12
    VonZorch Imperial Researcher growls and barks:

    From the writings of the founders, the purpose of the Commerce Clause was to prevent states enacting tariffs on each other. IE. New York puts a 20% tariff on any goods imported from Pennsylvania.

  13. 13
    Tallulah growls and barks:

    Laser-brain commenter Bullwinkle Jr, at the link, had this to say.

    haven’t other federal judges upheld the law, or are you just ignoring that? i think your bias is showing. why do you love insurance companies and hate people?

    Why do you Luuuurve insurance companies and Hate People, you big meanie-man?

    I have a question for BJ: Did you not notice that INSURANCE COMPANIES DID NOT OPPOSE THIS LAW?

    Right, thought so.

  14. 14
    LC Subotai Bahadur, Lord Pao An growls and barks:

    MORE LOVE FOR OBAMA FROM THE COURTS:

    http://minx.cc/?post=311606 ACE OF SPADES

    Federal Judge Martin Feldman has just held the Department of the Interior in contempt of court over their imposing a second moratorium on drilling in the Gulf of Mexico. After the BP oil spill, claiming unanimous support from a panel of scientists [submitted under oath as part of their filing] Obama’s Department of the Interior declared a moratorium on all American oil drilling in the Gulf. It turns out that they fabricated the scientists’ statements, and in response to a lawsuit by oil companies; Judge Feldman overturned the moratorium. Obama immediately re-imposed it, in defiance of the court. It has since been technically lifted, with drilling allowed by special license. The regime will not grant any licenses, for any reason.

    The penalty is that the Interior Department has to pay the oil companies’ legal fees. That will not be cheap. However, that comes out of our pockets. The interesting thing will be if the oil companies now file a further action about the non-existent licensing scheme. I can see an action under my favorite law for dealing with government misconduct, 42 USC 1983. Both government entities and officials are subject to both civil and criminal penalties, as Sovereign Immunity was waived by Congress when this law was passed. They will have the deliberate contempt of court by the regime as part of the record in any ‘1983’ suit. I am looking forward to the regime being hit 4 ways [long, wide, deep, and continuous] with a Writ of Res Amo a Vilis Meretricis by the Constitutional branch that Senator Schumer does not believe exists.

    LC Subotai Bahadur, Lord Pao An

  15. 15
    Kristopher, LC growls and barks:

    DJ: It’s actually simpler than all that.

    Until they get a stay and start the appeal process, they cannot punish anyone for refusing to comply.

    All such punishments have to go past a judge … who will throw the case out if they continue to ignore judgments like this.

    A similar thing is happening with the off-shore drilling moratorium. Obama just had Interior cook up a new slightly different ban, instead of fighting the injunction. Interior is now in contempt, and there is absolutely nothing stopping oilmen from just drilling, and having the local sheriff cart off any feds who interfere.

    Is this what Obama wants? No rule of law? Bad move sport. Rule of Law is the only thing keeping these jokers from decorating lamp posts.

  16. 16
    LC MuscleDaddy growls and barks:

    Response to Grammar Czar @:

    Are you suggesting that STATES should have RIGHTS in these matters?

    Really….’STATES’ RIGHTS’?

    Isn’t such a notion inherently racist, within the context of history?

    And even if it weren’t, what about the states (say, in ‘nut-land’) that are ‘uninformed’ or otherwise don’t really know what’s good for them?

    Surely, the Federal Government couldn’t LET them continue under their own self-determination, and especially those that have already proven their lack of understanding, through their very disagreement with the Federal Government in the first place!

    No – what we clearly need here is the firm hand of a singlularly-concentrated authority, acting in benevolence for the greater good of us all – and especially for those poor, beknighted souls who are too far removed from understanding to even see that need in the first place.

    They – especially – must be protected from themselves.

    Doesn’t that sound better – even ‘comforting’?

    – MD

  17. 17
    The Lone Haranguer growls and barks:

    Response to Grammar Czar @:

    Better yet, let the states decide whether or not they want a health care system.

    Google “TennCare.” (TN is my new home, since 2008.) I am told it hasn’t worked out well. Maybe they just didn’t have the right people in charge. :em02:

  18. 18
    Grammar Czar growls and barks:

    LC MuscleDaddy says:

    No – what we clearly need here is the firm hand of a singlularly-concentrated authority, acting in benevolence for the greater good of us all – and especially for those poor, beknighted souls who are too far removed from understanding to even see that need in the first place.

    OMG, MD…my sister gave me that exact argument (although SHE was serious). She actually tried to convince that the government is acting in my best interests. I went ballistic. The problem is that she can’t argue logically, so I knew I couldn’t convince her otherwise.

    She is the same person who tried to tell me that we are forced to pay a gasoline tax. When I tried to explain to her that if I don’t buy gasoline, I don’t have to pay a tax on it, she just kept insisting that a gas tax is mandatory. And, yes, I realize that companies offset their gasoline taxes for shipping and whatnot by raising prices, but I also have the choice whether or not to buy from them…She just didn’t get it.

  19. 19
    emily_nelson growls and barks:

    Let’s get back to the framer’s intent and get the gov”t off our backs.

  20. 20

    Since the Ogabe Junta has clearly and unequivocally declared that they have no intentions of following the decision and won’t even follow the law as far as filing for a stay, they’re clearly in contempt. Actually, they’re bordering on sedition if they’re not already there, so if they don’t think again and start following the rule of law, impeachment would seem the only way to go from here.

    bordering on sedition if they’re not already there? Way the fuck past it. Remember your OATH. Those in place, do your duty to ths nation and her Constitution. You remember that, don’t you? Yeah, the toilet paper of the left.

  21. 21
    Kristopher, LC growls and barks:

    DJ:
    Are they forcing you to comply right now? Do you expect them to force you to comply within the next twenty days or so?

    Actually, yes. Look up the 1099 fiasco that was attached to it.

    If a small business does not report ALL transactions totaling over $600 during the year on a 1099, they go to jail. This includes normal business expenses. Do you buy stuff for your business over the internet? Better get an SS or TaxID number from that vendor. Or from the guy who mows the lawn. Or the one who delivers the water bottles and stocks the coffee area ….

    Another example is employers scrambling for exemptions, or restructuring to self insure. Or simply dropping health insurance.

    I have no more company health insurance, as of this minute, because of the Obamacare act. My employer looked at the numbers, and had to bail out right now.

    No, yes, DJ, this crap is effecting me severely, and it is because the people effected did not want to go to jail.

  22. 22
    lc purple raider growls and barks:

    It is the same thing with all the dog whistle noises that idiots like Glenn Beck makes. He is there to rile you people up, get you all scared and lathered up until some crazy nut actually goes out and tries to do something about it. (and there has been) Then sit back and claim that it couldn’t have been anything that he said…

    Please cite chapter and verse about which Beck quote made someone do something against the government.

    I appreciate the fact that you don’t like the things that Obama does, and/or actually hate Obama himself. There are quite a few things that I disapprove of also. But none of it rises to the point of being illegal, or even unconstitutional, or warrants the need to call for a military coup.

    Per Judge Vinson’s lips:

    It is even more so when the party to be enjoined is the federal government, for there is a long-standing presumption “that officials of the Executive Branch will adhere to the law as declared by the court. As a result, the declaratory judgment is the functional equivalent of an injunction.”

    Yet Ogabe is still acting as if the the Death Care law is valid, as of this writing.

    He has not asked for a stay of the ruling ( as of right now).

    And that is an impeachable offense.

    Imagine, a Constitutional lawyer, breaking one the fundamental tenets of the Constitution. Who wooda thunk it?

  23. 23
    Grammar Czar growls and barks:

    The fratboy-in-chief has once again sent a big SCREW YOU to our stauchest ally: US-agrees-to-tell-Russia-Britains-nuclear-secrets

  24. 24
    LC Gunsniper growls and barks:

    But none of it rises to the point of being illegal,

    Ya think?

    For that matter, tell me how jugears can legally leapfrog over bankruptcy law to snatch up General Motors and hand off Chrysler to the UAW as an obvious quid pro quo?

  25. 25
    lc purple raider growls and barks:

    I’ll give you a name, and you can read all about it — from the suspect’s own statements. The guy’s name is Byron Williams.

    Nice try, not buying it. Sorry, anything Media Matters spews is suspect. Soros probably told them to write it.
    And yes, I did read the whole story, no, I don’t believe a word of it.

    Perhaps you could find a Newsmax story about the 580 shooter.

    And like I keep saying — it is valid because Vinson’s decision isn’t final law. Not yet.

    Again, nice try. Until an appeal and a stay of the injunction are filed, Vinson’s decision is final, even if it is an inferior court. The pResident has to file for a stay.

  26. 26
    R6 growls and barks:

    Hey deej, I can’t remember. Have I invited you to go fuck yourself lately?

    No?

    Okay.

    Hey deej, GO FUCK YOURSELF.

    You are an ignorant, willful moron of the left that doesn’t have the self esteem to admit that you are a pathetic, lying sack of shit that will carry the “meme of the day” of your socialist anti-American comrades.

    Please get the fuck out of my country.
    :em72:

  27. 27
    lc purple raider growls and barks:

    Funny thing about that Media Matters story — and virtually every other one they do — they like to post the actual quotes of the people they talk about. You know, letting that person use their own words to tell the story.

    But hey, that “ultra-liberal” Christian Science Monitor will tell you the same facts on this story. Maybe George Soros wrote that one also.

    BTW: George Soros is small potatoes compared with the Koch Brothers.

    Again, a story from Newsmax, and I will believe you. And yes the Christian Science Monitor is left wing.

    And the only stories about the Koch Brothers were from Marxist rags, Huffingglue, Kostards, Media Matters.

    Oh speaking of which, this should be an eye opener

    Or perhaps, this story would interest you.

    Oh you want a money quote?

    Beck and his Fox News show has long been the target of an unsuccessful liberal effort to force advertisers to boycott his show. The campaign against Beck was first led by a far-left organization called Color for Change.

    Beck has never advocated violence in his critique of Tides or any other left-wing organization.

    I think Byron Williams is having words put into his mouth.

  28. 28
    LC Gunsniper growls and barks:

    The government has lost cases in lower courts before and it hasn’t stopped them. I think you are expecting immediate gratification and that just doesn’t exist in the legal realm.

    …and you wonder why there is talk of “voting from the rooftops” exactly why?

  29. 29
    lc purple raider growls and barks:

    Hello… Newsmax isn’t news, it is opinion wrapped around the news, masquerading as the news. It, like FOX “News” typically uses dog whistles in its commentary to speak in code to people like yourself.

    And Media Matters isn’t news, it’s using dog whistles in its commentary to speak in code to Marxists like yourself.

    Here, you will hear Williams in his own words. You will also hear police detectives tell you the same thing — That Williams was carrying out what Glenn Beck incited him to do.

    Saw a picture, heard a voice. didn’t see any lips moving.

    The Koch brothers fund groups that include the Cato Institute, Reason Foundation, Property and Environment Research Center, Students for a Libertarian Society, The Libertarian Review, Institute for Humane Studies, Council for a Competitive Economy, Heritage Foundation, Federalist Society, and the Mercatus Center at George Mason University. They are the major contributors behind the Tea Party movement.

    All fine institutions. Fighting for less regulation, less taxes, and less government is always a good thing.

    I doubt that they contributed anything to the Tea Party.

    Don’t insult my intelligence.

  30. 30
    Mike M growls and barks:

    You will also hear police detectives tell you the same thing — That Williams was carrying out what Glenn Beck incited him to do.

    I didn’t hear that on the tape, but maybe it got inadvertently edited out. There appeared to be an awful lot of cutting and splicing going on there.

    Here’s another interview of Byron Williams…

    Freeway gunman Byron Williams says Glenn Beck did not incite him to violence

    Did Fox talk show host Glenn Beck and the right-wing media push the I-580 gunman, Byron Williams, to violence? No, says Williams in an exclusive jailhouse interview with the Examiner.com. He also said he felt forced to act out in violence because Beck and others in the right wing media were not fighting hard enough against organizations like the left-leaning Tides Foundation.

  31. 31
    Lc ORWN engine builder for Rottie Racing growls and barks:

    Response to Mike M @ 53:

    Looks lick Nutty nut job was spending way more time listening to Infowars and the rest of them than he was Beck

  32. 32
    Lc ORWN engine builder for Rottie Racing growls and barks:

    “LIKE” not lick…. :em98: :em98:

  33. 33
    Mike M growls and barks:

    LOL! Do you have any idea what examiner.com is?

    I guess you missed what I was saying there. To make your point you provided one heavily edited piece of leftist propaganda, another of a news person who is jabbering away about her purely speculative basis for a motive, and a completely unsupported assertion about what “police detectives” will tell us. I simply linked linked an article that claimed something else and, as far as I’m concerned, it’s every bit as legitimate as that which you offered.

    Media Matters… a paragon of objectivity. LOL!

  34. 34
    R6 growls and barks:

    Of course it isn’t. But it does quote verbatim what people have said.

    Example for the short busers:

    deej says: I don’t advocate violence, but if someone were to put a bullet between Glenn Beck’s eyes I wouldn’t shed a single tear.

    Quote for my article:

    deej wants to kill Glenn Beck. He said, and I quote “put a bullet between Glenn Beck’s eyes”.

    Wake up you fucking America hating simpleton.

    :em72: :em72:

  35. 35
    bruce growls and barks:

    the house will never fund bongo care so the commie in chief can implement all he wants with out money.we need to to repeal everything that the national socialist democratic workers party threw in our faces and start putting them in jail.dj i think you are pulling our leg because you can’t really believe that marxis bull shit.

  36. 36
    Kristopher, LC growls and barks:

    Yes, DJ, you are correct. Nixon quit before he could be impeached, and Ford pardoned his ass, something I will nor forgive him for. I was watching the whole sordid business on TV at the time …

    Clinton also lied under oath, and was impeached, but the Dems in congress covered for him.

    I don’t see you retracting your earlier statement that nothing in Obamacare had any effect on me. Would a scan of the written notice from my employer concerning my health insurance suffice as evidence?