Roger Vinson, the Florida district court judge who voided the entire health care law has issued a stay of his own ruling, giving the Obama administration a week to file an appeal.
His decisions sowed confusion — sometimes opportunistic confusion — about whether states were required to implement the law during the appeal process. The Department of Justice sought clarification from Vinson last month to ease that confusion. In his clarification, Vinson also stayed his own decision, on the condition that the DOJ file its appeal with a higher court within seven days.
“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.”
The DOJ has announced its intent to appeal the ruling to the 11th Circut, which in all likelihood means the implementation process will continue unabated. Five federal judges have ruled on the central question of the constitutionality of the health care law’s individual mandate. Three — all Democratic appointees — have upheld the mandate, two — both Republican — have said it violates Congress’ powers under the Commerce Clause.
Read the entire decision below.
Brian Beutler
Brian Beutler is TPM's senior congressional reporter. Since 2009, he's led coverage of health care reform, Wall Street reform, taxes, the GOP budget, the government shutdown fight, and the debt limit fight. He can be reached at brian@talkingpointsmemo.com.
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