Ruling Means ObamaCare Implementation Must Stop
01/31/11
By Hadley Heath
ObamaCare is unconstitutional. And today's ruling may mean it will just... stop. That is, at least until a higher court reviews Judge Vinson's decision or until a stay is issued. Ilya Shapiro discusses this in more detail in his blog, "Florida Ruling Requires Government to Stop Implementing Obamacare."
I wrote in my previous entry about the ruling's lack of an injunctive order against the health law. Judge Vinson made it clear in his decision that no injunction was needed. His ruling alone is enough to stop the law's implementation, at least temporarily, because government officials must act according to the rule of the court.
This is different from the Virginia case because only the individual mandate was declared unconstitutional in that case. In this case, Florida v. Department of Health and Human Services, the entire law has been declared unconstitutional and void because the individual mandate cannot be separated (or severed) from the rest of the law.
As Shapiro notes in his blog, no stay has been issued. Judge Vinson, the 11th circuit, or the Supreme Court could issue a stay that would allow ObamaCare's continued implementation, but no such stay appears on the docket, and today's docket is closed.
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