Vinson Orders DOJ to Expedite ObamaCare to 11th Circuit or Supreme Court in 7 Days

Judge Roger Vinson

This is breaking news, and I have an updated correction. Judge Vinson has ordered the Obama administration  to fast-track the health care (Affordable Care Act – ObamaCare) case to the 11th Circuit OR the Supreme Court on expedited appeal. Vinson granted the stay the DOJ requested, effectively staying his on decision, if the administration files to fast track the law to the 11th Circuit or Supreme Court in 7 days. I’m taking this directly from a report on Fox by Shannon Breen – nothing in print yet (now updated here) that I can find. As background, Vinson recently ruled that the Affordable Care Act, in totality, is unconstitutional. Details as available.

UPDATE: The bottom line is that Vinson actually granted the administration can proceed with “implementation” of the Affordable Care Act, but must file an appeal of his ruling with the 11th Circuit or the Supreme Court within 7 days.

But in a twist, he said he interpreted the Justice Department’s request for clarity as a motion to stay, which he granted.

“Because the defendants have stated that they intend to file a subsequent motion to stay if I were to ‘clarify’ that I had intended my declaratory judgment to have immediate injunction-like effect (which I just did), I will save time in this time-is-of-the-essence case by treating the motion to clarify as one requesting a stay as well,” Vinson said.

Vinson criticized the Justice Department for not following normal procedure and requesting a stay. From Politico:

“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,’” Vinson wrote.

But in a twist, he said he interpreted the Justice Department’s request for clarity as a motion to stay, which he granted.

“Because the defendants have stated that they intend to file a subsequent motion to stay if I were to ‘clarify’ that I had intended my declaratory judgment to have immediate injunction-like effect (which I just did), I will save time in this time-is-of-the-essence case by treating the motion to clarify as one requesting a stay as well,” Vinson said.

Vinson criticized the Justice Department for not following normal procedure and requesting a stay.

“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,’” Vinson wrote.

From the report above, the Judge is saying you are granted nada if you don’t file you appeal directly to the 11th or the SCOTUS.

Hot Air has the story now. Memorandum’s thread on Vinson’s ruling today is underway as well.