Many of our friends of the southpaw persuasion have been stridently insisting that Judge Vinson, in his ruling that found Obamacare unconstitutional, did not specifically order the government to stop putting its provisions in place.
Turns out that's not true. Judge Vinson, in his ruling yesterday, DID order the Obama administration to stop implementing any and all provisions of Obamacare immediately. See the second and third quotes (taken from Judge Vinson's ruling) below:
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http://market-ticker.org/
Health Care Unconstitutional: Obama Sedition?
Posted 2011-02-01 11:17 by Karl Denninger
Yes, that's a strong word.
It may also be appropriate.
So now we have a White House that has declared its intent to ignore a declaratory judgment.
The Administration has no right to do this.
Obama's White House has exactly two options:
* Comply with the ruling. This means that any and all activity authorized or mandated by the Statute cease now.
* File an appeal and ask for a stay pending its hearing. If said stay is granted, then the ruling is held pending consideration.
That's it.
Folks, this is clear. The Judge in question, Judge Vinson, in fact sets forth exactly this in the opinion:
Except in this case The White House has now declared its intent to intentionally disobey the law as declared by the court.
Well, as of today, there is such a reason to so conclude.
The Plaintiffs need to make their way back to court this morning and file an emergency request for both an injunction and a citation of contempt of court against the members of The Obama Administration, including President Obama personally, Kathleen Sebelius and The Internal Revenue Service, all of which are staffing up for and acting as if this law remains in full force and effect.
This is now a full-blown Constitutional Crisis. The Executive's willful, intentional and publicly-stated refusal to honor a declaratory judgment is an open act of willful and intentional violation of The Separation of Powers in The Constitution and, if combined with the use of or threat of use of force as is always present when government coercion is employed, treads awfully close to the line, and may cross it, of 18 USC Ch 115 Sec 2384, to wit:
The exercise of power by the Executive and Judicial branch, under which the Internal Revenue and Health and Human Services operate, inherently constitutes the use of force.
When such is used to "prevent, hinder or delay the execution of any law of The United States" the parties that have done so, it can be argued, have engaged in a Seditious Conspiracy.
Unless the Obama Administration either stands down now or files an appeal and seeks a stay and stands down until said stay is granted, if it is, then they have indeed crossed the line.
The statement from The Obama Administration is a declaration that he is not a President, but rather a King and he arrogates to himself a "divine right." The willful and intentional refusal of an organ of government to abide a lawful decision of a court of competent jurisdiction is a declaration of tyranny and lawlessness.
