Nice try. Unconstitutional means it's not allowed by federal constitution not the local constitution.
The law is out until/if this Judge's decision is overturned. . On Thu, Feb 17, 2011 at 1:13 PM, Judah McAuley <[email protected]> wrote: > > Circuit Court rulings are only valid within the area covered by the > Circuit. You cannot say "this law is unconstitutional" based on the > ruling of a single circuit court. You can say that the ruling, > whatever it is, is applicable within that circuit, so yes, I'd agree > that the law is currently deemed unconstitutional within that circuit. > In this case, Judge Vinson is in the Northern District of Florida > which covers, well, northern Florida. > > There is debate about whether or not Judge Vinson told the Federal > Government to stop enforcement of the law within the district. He > refused a request by the state of Florida for an injunction to stop > the Federal Government from moving forward while it appeals, but he > did also make the confusing statement about declaratory judgments. The > Federal government is requesting a stay of the > judgement/clarification. That decision is currently being appealed to > the 11th Circuit Court of Appeals which broadly covers the South East > US. > > In summary, it currently stands thusly: > > 2 District courts (in Virginia and Michigan) have found it to be > constitutional > 1 District court found the individual mandate to be unconstitutional > (in Virginia) but allowed the rest of the law to be allowed due to > severability > 1 District court found the individual mandate to be unconstitutional > (in northern Florida) and found that the rest of the law was > unenforceable due to the centrality of the individual mandate > > In both cases where the individual mandate was held to be > unconstitutional, there was no injunction relief given to plaintiffs > to stop the government from moving forward during the appeals process, > but there is some debate over the situation in Florida due to Judge > Vinson talking about how a declaratory judgment against the government > is like an injunction but not actually providing an injunction. > > Judah > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Order the Adobe Coldfusion Anthology now! http://www.amazon.com/Adobe-Coldfusion-Anthology/dp/1430272155/?tag=houseoffusion Archive: http://www.houseoffusion.com/groups/cf-community/message.cfm/messageid:334503 Subscription: http://www.houseoffusion.com/groups/cf-community/subscribe.cfm Unsubscribe: http://www.houseoffusion.com/groups/cf-community/unsubscribe.cfm
