The President Thumbs His Nose at Judge Vinson’s Obamacare Ruling: DOJ Seems to Concede It Can’t Win in Court

Todd Gaziano / February 18, 2011

Late Thursday, February 17, the Obama Administration filed an incredibly odd and almost insulting “Motion to Clarify” the judgment in the case it lost against 26 states and the NFIB in the Obamacare litigation in Florida v. U.S. Department of Health and Human Services, No. 10-cv-00091 (N. D. Fla.)(Judge Vinson). With this motion, the Administration has now stated officially that, notwithstanding the Judge’s declaration of the Patient Protection and Affordable Care Act (ACA or Obamacare) as unconstitutional, the Administration does not interpret the Judge’s order as requiring the Administration to cease carrying out the unconstitutional ACA. The “Motion to Clarify” does not explicitly seek reconsideration of Judge Vinson’s judgment declaring the ACA unconstitutional, nor does it seek a stay of that judgment; it simply says the Federal Government will not be following the Judge’s judgment declaring the ACA unconstitutional unless the Judge issues another order stating to the Government that the Judge did, in fact, anticipate its judgment to have immediate injunction-like effect.

This motion really is one for reconsideration of the entire case and to stay the judgment in disguise, but the Administration cannot meet the necessary standard to stay the judgment. Most legal observers would conclude that the Administration filed this “Trojan Horse” motion in bad faith. Suggesting that Judge Vinson needs to give further effect to his order is an insult to the judiciary’s role in our republic, and the court will almost certainly reject the motion. (more…)