Tag Archives: Judge Roger Vinson

Judge has harsh words for Obama Administration – gives them 7 days to appeal

A lawless Obama Administration gets some “clarification” in no uncertain terms.  Some excerpts below and a link for the entire order at the bottom:


Case No.: 3:10-cv-91-RV/EMT

STATE OF FLORIDA, by and through
Attorney General Pam Bondi, et al.; Plaintiffs



. . . . “A litigant who tries to evade a federal court’s judgment — and a declaratory judgment is a real judgment, not just a bit of friendly advice — will come to regret it.”  If it were otherwise, a federal court’s declaratory judgment would serve “no useful purpose as a final determination of rights.” For the
defendants to suggest that they were entitled (or that in the weeks after my order was issued they thought they might be entitled) to basically ignore my declaratory judgment until “after appellate review is exhausted” is unsupported in the law.


To the extent that the defendants [Barack Obama, Kathleen Sebelius, et al] were unable (or believed that they were unable) to comply, it was expected that they would immediately seek a stay of the ruling, and at that point in time present their arguments for why such a stay is necessary, which is the usual and standard procedure. It was not expected that they would effectively ignore the order and declaratory judgment for two and one-half weeks, continue to implement the Act, and only then file a belated motion to “clarify.”


The sooner this issue is finally decided by the Supreme Court, the better off the entire nation will be.

It is very important to everyone in this country that this case move forward.

And yet, it has been more than one month from the entry of my order and judgment and still the defendants have not filed their notice of appeal.

Therefore, the defendants’ motion to clarify (doc. 156) is GRANTED, as set forth above. To the extent that motion is construed as a motion to stay, it is also GRANTED, and the summary declaratory judgment entered in this case is STAYED pending appeal, conditioned upon the defendants filing their notice of appeal within seven (7) calendar days of this order and seeking an expedited appellate review.

So, in other words, the government has 7 days to file a notice of appeal requesting an expedited hearing or they must stop implementing Obamacare.  Obamacare is unconstitutional.  Obamacare is void.  What I am not sure of is whether this applies to all states or only the 26 states that are parties to this lawsuit.

Don’t you know it just chaps this alleged president that he is not the ruler of all things.  But we’ll see if he tries to defy the ruling even at this point.

To see complete text of the 20 page order, click here.

Posted:  03.03.11

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Filed under Barack Obama, Courts, politics, President Barack Obama, Uncategorized

Levin: Obama administration “lawless” in leading opposition to the U. S. Constitution

One U. S. District Court Judge, Judge Martin Feldman, has already declared the Obama Administration in Contempt of Court in the Gulf Drilling Moratorium in an Order dated February 2, 2011.

Are they now going to defy another Federal Judge, Judge Vinson, by continuing to implement an unconstitutional law, Obamacare.

Mark Levin on Wednesday:

Barack Obama today, the Attorney General of the United States, the Secretary of HHS today, are conducting themselves in a lawless fashion. It is they, it is they who are leading opposition to the United States Constitution.

… Look at Page 75 (of the ruling). The judge said, “This is a declaratory judgment,” finding the entire statute unconstitutional, (saying in effect) “I don’t have to issue an injunction. The government can’t impose an unconstitutional statute on the nation.”

… What will the media in our country do when a President of the United States intentionally and knowingly refuses to comply with a court order? Whether it’s civil rights in the 1960s, whether it’s anything else, does this not remind you of Watergate in a sense if the Executive Branch does not comply with this federal judge? Do we not have a constitutional crisis if the Executive Branch refuses to comply with a Judicial Branch order?

… (the Executive Branch’s) only relief is to appeal it. You must cease and desist from further attempts to implement it. But I guarantee you, ladies and gentlemen, that the media in this country, which would call for the impeachment of a Republican president who openly defied a federal court order, and in fact did, will support this president because they believe in Obamacare and they want the result changed.


… there is no Obamacare law officially. It’s been voided.


I hope these judges have good security.  One U. S. District Court Judge has already been gunned down.

Posted:  02.04.11


Filed under Barack Obama, Courts, Law, politics