01.31.2011 0

Obama Invites Crisis If He Ignores Ruling

  • On: 02/03/2011 10:13:55
  • In: Health Care
  • ALG Editor’s Note: In the following featured column from Investor’s Business Daily, Americans for Limited Government President Bill Wilson discusses the impact of Judge Vinson ruling ObamaCare unconstitutional.



    The decision by federal judge Roger Vinson striking down President Obama’s signature health care law effectively ends ObamaCare unless some higher court overturns it.

    In spite of this overwhelming rebuke of the law, some Birkenstock-wearing legal analysts are trying to argue that Vinson’s ruling could be ignored by the administration.

    That’s why this week’s action by Wisconsin Attorney General J.B. Van Hollen is so significant. Van Hollen has taken the proper step of following the law, which now says that ObamaCare is unconstitutional in its entirety, relieving Wisconsin of any obligation to follow it.

    It is the responsibility of every state attorney general in the nation to follow Van Hollen’s lead, and halt any actions to implement this unconstitutional law. To do otherwise will open states up to legal liability.

    The earthquake-like impact of Judge Vinson’s ruling and Van Hollen’s appropriate response is obvious; unless Vinson’s ruling is either stayed or overturned, the nation is now free from any compulsion to follow the dictates coming out of Washington on this issue.

    Instead of accepting continued implementation of the law from Washington, all states should join with the American people in demanding that Barack Obama cease and desist from ignoring the federal court and continuing any actions that implement this invalidated law.

    Failure of the Obama administration to stop all activity related to the law that the federal court held to be unconstitutional would create a potential constitutional showdown between the two branches rarely seen in our nation’s history. When coupled with the state’s refusal to submit to federal regulations implementing a law that has been stripped from the books, our nation is looking at a potentially historic fight not only between branches of government but between the states and the federal government.

    Back in the 1970s, it was openly asked what would happen if President Nixon simply refused to hand over the taped conversations from the Oval Office in spite of the demands of the federal courts. Of course, that speculation proved unnecessary as Nixon did turn over the tapes, and resigned from office.

    Today, Obama stands at the same decision point that Nixon did — whether to follow the law or not.

    As a former professor of constitutional law, Obama clearly understands the consequences of continuing to implement law that has been invalidated, and in case the implications of the federal court ruling were lost on him, the Wisconsin attorney general’s decision to cease and desist all activity in Wisconsin related to the law should serve as a reminder.

    Ultimately, the rule of law must prevail in this instance. Unless and until Judge Vinson’s decision is overturned by a higher court, the federal government must follow it.

    Failure to do so would unnecessarily throw our nation into its worse constitutional crisis since the Nixon impeachment. It is up to Obama whether he wants to subject both himself and our nation to that kind of turmoil. For the sake of our nation, let’s hope he takes his oath of office seriously, averts a crisis, and follows the law of the land.

    Wilson is president of Americans for Limited Government, a libertarian think tank.

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