Judge Roger Vinson in Florida has struck down the individual mandate, and because there is no severability clause (for once, the slapdash way the law was written is a good thing), the entire act is now kaput.
According to at least two lawyers (and quite probably more), the ruling means that the government must now cease all enforcement of the act.
5. No injunction. Declaratory relief is sufficient, especially since there is a presumption that the federal government will comply with judicial decisions.
6. The entire act is declared void. According to Cato’s Ilya Shapiro, this means that the federal government (presuming that it will obey the law) must immediately stop enforcing the entire health control law. Of course the 11th Circuit might grant a stay, and Judge Vinson might also do so, but as of right now, there is no stay.
I read the section on “Injunction” and could scarely believe my eyes. Was the judge ordering the government not to enforce ObamaCare in all 26 states? Oh, yes, indeed.
Robert Alt of the Heritage Institute e-mailed me, “The judge noted that declaratory relief is the functional equivalent of an injunction, and applied the long-standing presumption ‘that officials of the Executive Branch will adhere to the law as declared by the court.’ So in the case, the judge asserted that the declaratory relief should bind the parties. If the Obama administration wishes to impose the requirements of Obamacare upon the states, it will need to seek a stay of the opinion either from the judge, or from the 11th Circuit.”
Some lefties are trying to argue the opposite side, but check the credentials closely… many of them aren’t lawyers but like to pretend to be.
This is indeed a victory for common sense and the American spirit of individuality.
Update: It gets better! Judge Vinson even used Obama’s own words against him in the judgment!
In ruling against President Obama‘s health care law, federal JudgeRoger Vinson used Mr. Obama‘s own position from the 2008 campaign against him, arguing that there are other ways to tackle health care short of requiring every American to purchase insurance.
“I note that in 2008, then-Senator Obama supported a health care reform proposal that did not include an individual mandate because he was at that time strongly opposed to the idea, stating that ‘if a mandate was the solution, we can try that to solve homelessness by mandating everybody to buy a house,’” Judge Vinson wrote in a footnote toward the end of the 78-page ruling Monday.
I bet Mr. O would love to drop those words down the memory hole.