Will President Obama Abide by Court’s Decision and Suspend Obamacare?

Michael Franc / February 02, 2011

This week, Judge Roger Vinson of the United States District Court for the Northern District of Florida became the second federal judge to strike down Obamacare’s individual mandate. In doing so, Vinson struck down the entire law concluding “the individual mandate and the remaining provisions are all inextricably bound together in purpose and must stand or fall as a single unit.” Judge Vinson’s decision has prompted a long overdue national debate over the limits of the federal Leviathan. Specifically, is there anything, any form of human activity or, more importantly, inactivity, that lies beyond the heavy hand of Washington?

According to Heritage legal expert Robert Alt, there is no question that Judge Vinson’s declaratory judgment binds the parties to the suit, that is, the plaintiffs – 26 states and the National Federation of Independent Business – and the defendant – the federal government. Vinson’s decision, moreover, is effective immediately (both the order and the mandate have issued). Translation: an HHS bureaucrat who so much as lifts his pen on behalf of any provision of Obamacare against the 26 states or NFIB members, is violating the court order and risks a possible finding of contempt of court.

Now, the White House faces a simple and straightforward choice: Will President Obama abide by a decision arrived at by a federal district court judge pursuant to all applicable federal procedural niceties, or, unilaterally ignore the rule of law, as he has done in the past? (more…)