Thursday, March 3, 2011

Judge Who Ruled Health Care Reform Unconstitutional Stays His Decision, Implementation Will Continue

Earlier today, Judge Roger Vinson stayedhis erroneous opinion striking down the Affordable Care Act. The stay puts his decision on hold pending appeal and will allow the implementation of health care reform to continue. An excerpt:
After careful consideration of the factors noted above, and all the arguments set forth in the defendants’ motion to clarify, I find that the motion, construed as a motion for stay, should be GRANTED. However, the stay will be conditioned upon the defendants filing their anticipated appeal within seven (7) calendar days of this order and seeking an expedited appellate review, either in the Court of Appeals or with the Supreme Court under Rule 11 of that Court.
As Vinson notes in his opinion, failing to stay his earlier mistake “would be extremely disruptive and cause significant uncertainty.”

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