Friday, March 4, 2011

Vinson Update: Catron, Haynes, Kerr

Federal judge Roger Vinson issued the "clarification" to his anti-ObamaCare ruling yesterday that had been requested by the Obama administration.

David Catron gives a nice overview at, "Judge Vinson Fails to Apply the Two-By-Four" at AmSpec. In particular, Catron pointedly asks:
All of which begs the following question: Why, then, did he not apply the two-by-four?! It is already blindingly obvious that this particular beast does not respond to reason. This was clearly demonstrated by the utter contempt with which the administration treated Vinson's January order. And such behavior is by no means limited to the various ObamaCare challenges...
It may be that Vinson is giving the executive branch one last chance to abide by the rule of law.

Dr. Beth Haynes of the Black Ribbon Project offers her own take at, "Judge Vinson Rules! (again)". Her interpretation:
Judge Vinson recognizes the complexity of the case, and that it will not be resolved until the Supreme Court finalizes its interpretation. Although the plaintiffs are suffering injury under continuation of the law, given the mixed current rulings (see below) and the uncertainty of the final ruling, the disruption will be greater if the law is halted while under appeal.
And law professor Orin Kerr notes the following in his recent blog post:
DOJ is willing to abide by the 7 day deadline Vinson imposed... And commenter Joe has a pretty good explanation of why: After DOJ complies with Vinson’s order, the case will be in the Court of Appeals and Judge Vinson won't have any control over the pace of the case. Sounds sensible.
Things are about to get interesting...