Obamacare and Judge Vinson

On 1/31 the decision of Judge Vinson was filed, starting the time to appeal which ends in at the end of the month.  After that, the opinion stands unless reversed in a new case by the Supreme Court.  Below is a interesting summary from a Tea Party Letter.  The text can be found by clicking on the title.

Note, the decision has not been appealed and no stay has been requested, meaning the law is void and any attempt to pursue it is illegal.  It is a fraud and usurpation of power.  This is not the case where a stay is granted pending appeal, which is something the Attorney General should have done the same day.  Note where things sit:

...Judge Roger Vinson, in Pensacola, Fla., ruled that as a result of the unconstitutionality of the "individual mandate" that requires people to buy insurance, the entire law must be declared void.

"I must reluctantly conclude that Congress exceeded the bounds of its authority in passing the act with the individual mandate. That is not to say, of course, that Congress is without power to address the problems and inequities in our health care system. The health care market is more than one-sixth of the national economy, and without doubt Congress has the power to reform and regulate this market. That has not been disputed in this case. The principal dispute has been about how Congress chose to exercise that power here," Vinson wrote.

"While the individual mandate was clearly 'necessary and essential' to the act as drafted, it is not 'necessary and essential' to health care reform in general," he continued. "Because the individual mandate is unconstitutional and not severable, the entire act must be declared void."...

Department of Justice spokeswoman Tracy Schmaler said the department plans to appeal Vinson's ruling to the 11th Circuit Court of Appeals. 

"We strongly disagree with the court's ruling today and continue to believe - as other federal courts have found - that the Affordable Care Act is constitutional," she said. "There is clear and well-established legal precedent that Congress acted within its constitutional authority in passing this law and we are confident that we will ultimately prevail on appeal.

"We are analyzing this opinion to determine what steps, if any - including seeking a stay - are necessary while the appeal is pending to continue our progress toward ensuring that Americans do not lose out on the important protections this law provides, that the millions of children and adults who depend on Medicaid programs receive the care the law requires, and that the millions of seniors on Medicare receive the benefits they need," she added.

Recall my frequent observation, these people believe in the end and dismiss any respect for the means.  Of course, all their voters should have medical care paid for by taxpayers....  Whart is wrong with everyone paying for everyone?

 America, on the other hand, is alone in history in its powerful tradition of looking to the means, due process, the rules of the nation.  At least, it that used to be what our leaders believed.  We are a nation of sovereign powers that joined together in a constitution for group protection.  That agreement was not the appointment of a new king.

Our tradition comes from resisting tyrants.  Now, they are within out borders and dismissive of the law, the negative commands as Mr. Obama sees the Constitution.  The current leftist PR campaign, which has to be organized, is that Judge Vinson's decision is a crazy outlier, a Dred Scot, judicial activism gone wild.  (They are apparently now against this activism.  Curious.)

There is no arguing with these people, they must be brushed aside if we wish to retain our culture.  Argument requires a respect for the process of the argument.  This is not within the philosophy of the Marxists.