Legal Limbo

02/04/11

By Hadley Heath

It’s seems that nationally, the public is in a state of confusion about what Monday’s ruling means for ObamaCare.  When Judge Vinson ruled it unconstitutional, what does that mean?  What’s next for the law?

Technically, Vinson’s declaratory ruling that the law is unconstitutional means that implementation of the law must come to an immediate halt.  But the confusion stems from the fact that Vinson did not issue an injunction against the law.

In any case, his verdict is not final; the Eleventh Circuit Court of Appeals will hear the case next (or maybe even the Supreme Court if the appellate level gets skipped).  In the meantime though, Vinson’s ruling - that the entire Patient Protection and Affordable Care Act is unconstitutional - stands.  To go against this ruling and move forward with ObamaCare would be to act in contempt of court.  It would be disrespectful to the American process of checks and balances.  Furthermore, it would be disrespectful to American taxpayers, who don't want to see their government officials and tax dollars at work to enforce a law that may ultimately be struck down. 

To make it clear that ObamaCare should not move forward in its current state of legal limbo, Sen. Kay Bailey Hutchison (R-TX) brought forth a bill last night (along with 15 cosponsors) that would delay the law's implementation until the courts reach a final decision.  The bill is S. 281, and more information is available here.  It will be titled the "Save Our States Act."

 

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