Contempt For The Rule Of Law
On January 31, Judge Roger Vinson of the United States District Court for the Northern District of Florida, issued a well-reasoned seventy-eight page opinion holding the President’s health reform law unconstitutional. The President, however, chose to ignore the decision. The President’s action reveals a contempt for the rule of law. We ought not be surprised, however, because the health reform law itself is a presumptuous extension of federal power far beyond the limits of the enumerated powers in Article I of the Constitution.
In his January 31 decision, although he declared the health reform law unconstitutional, Judge Vinson chose not to grant an injunction barring further implementation of the law. He recited “a long-standing presumption that officials of the Executive Branch will adhere to the law as declared by the court.” He presumed his declaration that the law was unconstitutional would be respected by the Obama Administration. He wrote, “it must be presumed that federal officers will adhere to the law as declared by the court.” The Obama Administration had something else in mind: implementation of the law regardless of the holding of the court.
Ordinarily when a district court judgment goes against the government, the Department of Justice will seek a stay of the order pending a decision on appeal. The Obama Administration has not sought a stay from Judge Vinson. It just violated his order with impunity. One day after Judge Vinson’s decision issued, the White House blog boldly announced: “the decision issued on Monday is one district court decision, and we believe it to be very wrong. . . Implementation will continue.”
And now… the rest of the story. …..
Harold
