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Judge Gives Obama Administration 7 Days to Appeal Health Care Ruling
U.S. District Judge Roger Vinson ruled Thursday that implementation of the health law can proceed but he gave the Obama administration just seven days to file an appeal.Vinson issued a stay of his own Jan. 31 ruling that declared the entire health care reform law unconstitutional. He chastised the government for not interpreting that ruling as an immediate injunction to stop implementing the new law But in a twist, he said he interpreted the Justice Departments request for clarity as a motion to stay, which he granted. Because the defendants have stated that they intend to file a subsequent motion to stay if I were to clarify that I had intended my declaratory judgment to have immediate injunction-like effect (which I just did), I will save time in this time-is-of-the-essence case by treating the motion to clarify as one requesting a stay as well, Vinson said. Vinson criticized the Justice Department for not following normal procedure and requesting a stay. It was not expected that they would effectively ignore the order and declaratory judgment for two and one-half weeks, continue to implement the Act, and only then file a belated motion to 'clarify,' Vinson wrote. Posted by: Beavis 2011-03-03 |
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