- The Washington Times - Friday, February 4, 2011

ANALYSIS/OPINION:

There have been incidents where it has appeared that the Obama administration has done everything it could to thwart our Constitution and the balancing provisions the three branches of government have followed for hundreds of years.

On Jan. 31, U.S. District Judge Roger Vinson struck down Obamacare as unconstitutional. As a result, unless there is a successful appeal, the law is dead and cannot be implemented.

Some may say Judge Vinson did not enjoin the administration from going forward in the law’s implementation, allowing it to continue, but the injunction issue was addressed directly in Judge Vinson’s decision and is unnecessary.

Page 75 of the decision reads: “(5) Injunction: The last issue to be resolved is the plaintiffs’ request for injunctive relief enjoining implementation of the Act, which can be disposed of very quickly. Injunctive relief is an ‘extraordinary’ and ‘drastic’ remedy. It is even more so when the party to be enjoined is the federal government, for there is a long-standing presumption ‘that officials of the Executive Branch will adhere to the law as declared by the court. As a result, the declaratory judgment is the functional equivalent of an injunction. There is no reason to conclude that this presumption should not apply here. Thus, the award of declaratory relief is adequate and separate injunctive relief is not necessary.”

The Obama administration, if it follows the law, must cease and desist until and unless a higher court reverses Judge Vinson’s decision or orders a stay. Only if and when that happens can the health care bill continue to be implemented and America be compelled to implement provisions that apply to its states.

CHRISTOPHER S. MOODY

Gaithersburg, Md.

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