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.”
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.
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.
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 😀
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.
BIW can you weigh in on this?
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.
Response to Cortillaen @:
Link on the EPA milk thing.
“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… Read more »
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.
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… Read more »
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… Read more »
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.
I’d like to register an appeal of my own.
There, bastards, appeal that. Ha!
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.
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… Read more »
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… Read more »
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… Read more »
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… Read more »
Response to Grammar Czar @:
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.
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… Read more »
Let’s get back to the framer’s intent and get the gov”t off our backs.
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… Read more »
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… Read more »
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… Read more »
The fratboy-in-chief has once again sent a big SCREW YOU to our stauchest ally: US-agrees-to-tell-Russia-Britains-nuclear-secrets
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?
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… Read more »
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… Read more »
…and you wonder why there is talk of “voting from the rooftops” exactly why?
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… Read more »
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… Read more »
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
“LIKE” not lick….
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.… Read more »
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.
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… Read more »