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Politics : Politics for Pros- moderated
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To: Bill who wrote (407943)1/31/2011 4:33:42 PM
From: DMaA4 Recommendations  Read Replies (4) of 794002
 
Injunction Denied As Unnecessary Since Entire Law Unconstitutional

Judge Vinson found that there was no need for an injunction, since the declaratory judgment that the entire law was invalid was sufficient. In effect, there is nothing left to enjoin, since no part of the law survived. By contrast, in the ruling in Virginia last year invalidating the mandate, the Judge severed the mandate from the rest of the law (but denied an injunction preventing the rest of the law from taking effect).

In this sense, this decision is far more sweeping than the Virginia case, and presents a greater problem for the Obama administration which arguably does not have authority to implement any aspect of Obamacare.

legalinsurrection.blogspot.com
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