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The Foundry (Mourning Bell): The Obamacare Assault on the Rule of Law

Mere hours after senior federal Judge Roger Vinson, a United States Naval Academy graduate, became the second federal judge to find Obamacare’s Section 1501 (the individual mandate) unconstitutional, an anonymous White House official called in to question Judge Vinson’s entire ruling, telling reporters, “There’s something thoroughly odd and unconventional about the analysis.” The only thing “odd and unconventional” here is that a White House official felt it imperative to undermine the legitimacy of a coequal branch of government. Unfortunately this incident just fits into a larger pattern of behavior that calls into question just how far this Administration will bend the rule of law to protect President Barack Obama’s signature accomplishment: Obamacare.

According to Heritage legal expert Robert Alt, Judge Vinson’s declaratory judgment binds the parties to the suit, which includes 26 states, the National Federation of Independent Business and the federal government. This means that, absent a court-issued stay, Obamacare cannot be further implemented as it pertains to these 26 states. So the White House now faces a simple choice: Will President Obama abide by a valid decision by a federal district court, or will he unilaterally ignore the rule of law? If the past is any indicator, the rule of law is in for a continued beating.

As former Member of Congress and Heritage Distinguished Fellow Ernest Istook documents, the Obamacare legislation contained unprecedented billions of dollars in advance implementation appropriations. The advance year appropriations were designed to completely bypass Congress’s annual budget process and go far beyond standard spending decisions for the current and following fiscal years. Some of these advance-implementation appropriations stretch 10 years into the future, far beyond President Obama’s term in office……Read More

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Posted by on Feb 3 2011. Filed under Current News. You can follow any responses to this entry through the RSS 2.0. You can skip to the end and leave a response. Pinging is currently not allowed.

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