Health care reform

Does Judge Vinson's Ruling Require the Government to Stop Implementing ObamaCare?

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Ilya Shapiro and Michael F. Cannon of the Cato Institute argue that it does, and they make the case today in The Providence Journal:

First, federal courts do not issue advisory opinions. The parties to any lawsuit are bound by any resulting judgment.

At minimum, then, the government lacks authority to implement ObamaCare where the case was decided, in the Northern District of Florida, and the 26 state plaintiffs need take no action to do so. Likewise, members of the National Federation of Independent Business, another plaintiff in the case, may now be entitled to the same protection from Obamacare's requirements.

Moreover, it is not unreasonable to argue that Vinson's ruling applies to the nation as a whole. After all, this lawsuit facially attacked the law rather than just challenging its application to particular parties. This interpretation of Vinson's ruling would stop ObamaCare dead in its tracks.

Read the whole piece here. Last week Peter Suderman looked at whether ObamaCare is mostly dead, all dead, or not dead yet.