Florida Judge Rules ObamaCare Can be Considered Invalid Within Seven Days if No Appeal

By Susan Brinkmann, OCDS
Staff Journalist

The Florida judge who ruled that the individual mandate in ObamaCare renders the law invalid has given the Obama Administration seven days to appeal his ruling or states can consider the law invalid.

Annoyed at the Obama Administration’s stalling tactics, U.S. District Judge Roger Vinson has ordered the administration to seek an expedited appellate review within the next week of his January 31 ruling in favor of 26 states who claim the mandate requiring all Americans to buy health insurance is unconstitutional.

Because the mandate is considered pivotal to implementation of the law, Vinson declared the entire reform package to be invalid, raising the question as to whether or not states had to move forward with its implementation.

The Obama Administration promised to appeal the ruling, but was stalling for time, with some believing they are trying to avoid having to argue the case during an election year. Instead of filing an appeal, they asked Vinson for a clarification of his ruling to determine if implementation of the law could go forward.

Vinson responded by admonishing the administration for being slow to appeal his ruling and said if they don’t request an expedited review of the case within seven days, states can consider the law invalid.

As expected, a Justice Department spokeswoman told the AP that the government will “promplty comply” with Vinson’s request.

The case is widely expected to be taken up by the U.S. Supreme Court in the very near future.

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