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500grains
02-17-11, 22:47
Perhaps I am a retard, but I cannot fathom why DOJ thinks it can force implementation of a law that has been declared unconstitutional.


Justice Dept. Asks Judge to Clarify Health Care Ruling After Alaska Governor Refuses to Enact Law

Alaska Gov. Sean Parnell said Thursday he will not implement it President Obama's health care overhaul because a federal judge in Florida ruled it unconstitutional, prompting the Justice Department to take the case back to the judge.

Attorneys for the Obama administration filed what is known as a motion to clarify late Thursday, asking U.S. District Judge Roger Vinson to make clear that states cannot ignore the new health care law while his ruling is being appealed.

Vinson ruled Jan. 31 that 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.

It's not immediately clear what practical impact Parnell's announcement would have on Alaskans, an estimated 14 percent of which are uninsured year-round. A major expansion of the federal law is still pending, and a legal expert and health care consumer advocate say any refusal by the states to participate in the law is an invitation to the federal government to step in and implement it for them.

...

http://www.foxnews.com/politics/2011/02/17/alaska-governor-refuses-enact-obamacare/

TOrrock
02-17-11, 22:58
2 judges have declared it constitutional, 2 judges have declared it unconstitutional.

Has to go to the Supreme Court.

trio
02-17-11, 23:19
Also, Alaska is n a slightly different district than Florida :D

mr_smiles
02-18-11, 01:04
2 judges have declared it constitutional, 2 judges have declared it unconstitutional.

Has to go to the Supreme Court.

Yeppers, and it will be a 4-5 vote.

Suwannee Tim
02-18-11, 05:02
They are not worried about the Constitution. It's a dusty old document written by a bunch of dead white men. It doesn't have any relevance to today's circumstances.

stifled
02-18-11, 08:23
They are not worried about the Constitution. It's a dusty old document written by a bunch of dead white men. It doesn't have any relevance to today's circumstances.

Thank goodness for dusty old documents.

500grains
02-18-11, 09:35
2 judges have declared it constitutional, 2 judges have declared it unconstitutional.

Has to go to the Supreme Court.

That would be the view only from a state not involved in the litigation. But a decision by a court is binding on all of the parties to the case. That would be 27 states and the entity known as the United States of America.

Alaska was a party to the FL litigation. The US government was a party to the Florida case.
In the Florida case, Alaska sought a declaration that the law is unconstitutional. The federal judge in Florida declared the law unconstitutional. That is now the law for all of the parties in the case, including Alaska, 26 other states, and the government of the US, unless the decision is later overturned.

But the DOJ thinks a federal judge's decision in a case in which it was a party has no effect on it. The dept of the interior seems to think the same, which is why it has been held in contempt twice.

500grains
02-18-11, 09:36
Also, Alaska is n a slightly different district than Florida :D

Stay in your lane.

rubberneck
02-18-11, 09:44
nevermind

Cagemonkey
02-18-11, 10:03
I also heard the DOJ is using strong arm tactics to prevent Obamacare from being brought before the US Supreme Court.