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Florida District Court Judge Roger Vinson has issued a preliminary stay on his own original ruling. Previously he had ruled in February that the Individual Mandate portion of the Democratic party’s Affordable Care Act was Unconstitutional because it exceeded the power of the Congress under the Commerce Clause.
Because this temporary injunction carries with it a requirement that the Department of Justice file it’s appeal to the 11th Circuit or with the Supreme Court within 7 days, this move looks less like a reconsideration of his opinion and more like a tactic meant to accelerate the final decision on the matter.
Some state governors and attorneys general had taken Judge Vinson’s decision as final and interpreted it to mean that the entire HCR law had been stricken and would not proceed. That is not the case. Unfortunately some people don’t (or don’t want to) understand that that is not how the judicial system works in the United States.
To clarify, no decision by any lower court is final until the entire appeals process has completed. This includes a potential decision by the Supreme Court. Therefore regardless of any lower court ruling, states must comply with the details in the bill and begin implementing the programs that make up the law.
This decision sets the record at 2-1-1 for the Affordable Care Act in front of the judicial branch of our government. Two judges have ruled that the Individual Mandate is legal. One judge, Vinson, decided that because of the Individual Mandate’s illegality, the entire bill must be voied.
A third judge ruled that while the mandate was illegal, the remainder of the bill was “severable”. This, in legal terms, means that the portion of the bill deemed in violation of the Constitution can be removed without invalidating the remainder of the law.
This battle is not over. We must all look at the Affordable Care Act not as victory, but as a starting point. It’s not perfect. It’s a starting point. A ground-breaking of sorts, and something that must be built on and improved.
Starting over is going backwards and would be damaging to the economy and the middle class. America doesn’t move backwards. We move forward. We take what may be imperfect and work to make it better. I think a lot of Americans seem to have forgotten that in the last few decades…
– “Left of Center”