The White House is asking Judge Vinson, the federal judge in Florida that struck down Obamacare, to order states to obey it nonetheless. I read an analysis somewhere (can’t find it now, sorry) that suggested that Vinson’s decision contained some pretty strong hints that he would not issue such an order. But even that aside, isn’t it pretty unusual for a judge to order the winning party to do what the losing party wants?
I think we have to see this as a political decision. Rather than waiting for an appeals court to hear the case, the White House has decided it wants a confrontation with this judge, right now.
UPDATE: This isn’t the same analysis, but it mentions many of the same things.
UPDATE: Here it is:
Also, it should be noted that a few commentators have considered the failure of the anti-Obamacare forces to obtain an injunction against the act as some kind of victory. It really isn’t. Instead the court reasoned that a judgment declaring the law to be unconstitutional is sufficient relief to the plaintiffs because “there is a long-standing presumption that officials of the Executive Branch will adhere to the law as declared by the court. As a result, the declaratory judgment is the functional equivalent of an injunction.” (internal quotation marks removed.) In other words, he felt that the Federal Government would try to obey the law without the court formally ordering its obedience. But believe you me, if the Obama administration ignores this ruling, the court can and certainly will revisit the matter and issue an injunction.