Vinson Puts His Own Health Care Ruling On Hold

Posted w/permission from author.


http://www.washingtonmonthly.com/archives/individual/2011_03/028261.php

VINSON PUTS HIS OWN HEALTH CARE RULING ON HOLD.... In late January, Federal District Court Judge Roger Vinson issued a bizarre ruling, striking down the Affordable Care Act as unconstitutional. In addition to his strange rationales, Vinson created an unexpected problem: his decision left nearly everyone confused as to the state of the law.

Though Vinson could have issued an injunction stopping implementation of the health reform law, he didn't. On the other hand, plenty of conservatives interpreted his decision as offering the "functional equivalent" of an injunction, meaning that the 26 states that are parties to the case could simply consider the current law null and void in their states.

In something of a gamble, the Obama administration asked Vinson to clarify matters. Today, he did.



This is, in other words, a procedural win for the administration and the ACA. Vinson added, however, that the Justice Department must seek an expedited appellate review of his ruling within the next seven days.

So, bottom line: the Affordable Care Act is still on the books, and whether some far-right state officials like it or not, it must still be enforced.

Update: And just for the sake of adding additional context, I should also note that five federal courts have considered the health reform law on the merits. Vinson is one of two judges to rule against the ACA; the other three found it entirely constitutional.

—Steve Benen

I would, of course, bet that the average wingnut probably believes that the Republicans have repealed ACA and that it has been overturned by the courts.