Thursday, March 3, 2011

DOJ - COURT ORDERS 'ONE WEEK TO STOP OBAMACARE IMPLEMENTATION'



MIAMI (Reuters) – A federal judge in Florida on Thursday refused to order the Obama administration to stop implementing its far-reaching healthcare law, a small victory for President Barack Obama in his high-stakes effort to overhaul the U.S. healthcare system.

But U.S. District Judge Roger Vinson ordered the administration to seek an expedited appellate review within the next week of his January 31 ruling that favored arguments by 26 states that the law's requirement that Americans buy health insurance starting in 2014 or pay a penalty was unconstitutional.


The Obama administration has said previously it would appeal the ruling and continue implementing the law, which includes provisions allowing young adults to remain on their parents' healthcare insurance and prevents insurers from denying coverage for pre-existing medical conditions.

While Vinson and a federal judge in Virginia have ruled against the law, a cornerstone of Obama's domestic agenda, judges in several other states have dismissed challenges. The case is expected to eventually reach the U.S. Supreme Court.

(Reporting by Tom Brown, additional reporting by Jeremy Pelofsky in Washington)
 http://news.yahoo.com/s/nm/20110303/hl_nm/us_usa_healthcare_states_1

Courts

Judge on Health Appeal:
The Clock Is Ticking

Florida Judge Orders Obama Administration to Expedite Health Care Appeal


Published March 03, 2011 
| FoxNews.com

The Florida judge who ruled against President Obama's health care law on Wednesday ordered the administration to expedite its appeal, if it plans to, within seven days.

District Judge Roger Vinson, who issued his original decision on Jan. 31, ruled then that the individual mandate in the new law is unconstitutional, and since it is basically the entire linchpin of the law, he declared the remainder of the Patient Protection and Affordable Care Act void.

The administration went back to Vinson to ask for clarification of his ruling. Vinson on Wednesday responded to the request by granting their motion -- and ordering the government to go either to the appellate court or immediately to the Supreme Court.

"Almost everyone agrees that the constitutionality of the act is an issue that will ultimately have to be decided by the Supreme Court of the United States. It is very important to everyone in this country that this case move forward ... as soon as practically possible," Vinson said. 

Vinson added that his summary judgment is stayed pending appeal, a small victory for opponents of the law who said the motion to clarify was an attempt to buy some time or delay the progress of the case out of Florida since many of the 26 states announced they would not proceed with implementing the law. 

Vinson apparently agreed with the critics' assessment.

"During the four-plus weeks since entry of my order, the defendants have seemingly continued to move forward and implement the act. ... While I believe that my order was as clear and unambiguous as it could be, it is possible that the defendants may have perhaps been confused or misunderstood its import. Accordingly, I will attempt to synopsize the 78-page order and clarify its intended effect."

Fox News' Shannon Bream contributed to this report.

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