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February 18, 2011

Alaska Governor follows his oath of office -- Will not implement unconstitutional law

Joseph Smith
When Judge Vinson declared ObamaCare unconstitutional and void, he said he did not need to issue an injunction because he expected "the executive branch to adhere to the law as declared by the court."

While the administration continues to go full speed ahead with ObamaCare despite the ruling, Alaska has joined several other states in putting a hold on implementing the new health care regime, Fox News reports.

Alaska Governor Sean Parnell, has announced that, in accordance with his oath of office to uphold the constitution, "he will not implement President Obama's health care overhaul because a federal judge in Florida ruled it unconstitutional."

The governors of Florida and Wisconsin had made similar statements shortly after Judge Vinson's ruling in the Florida lawsuit, eliciting at the time only statements from HHS that the states must continue to comply with implementation.

The Justice Department, apparently prompted by the Parnell statement, has now filed court papers with Judge Vinson, asking that the court clarify that the original judgement "does not relieve the parties of their rights and obligations under the Affordable Care Act." 

The Obama administration is asking the judge to "make clear that states cannot ignore the new health care law while his ruling is being appealed," as Fox News describes it.

A Cato Institute posting shortly after Judge Vinson's January 31 ruling predicted what may be happening now:

It is reasonable to argue that the 26 plaintiff states in the Florida case need not, for now, take any action mandated by the statute. Any attempt by the federal government to force compliance by one of the recalcitrant states would likely result in further litigation that might have the salutary effect, at least, of clarifying this confusing situation.

It is unclear how Justice could expect the judge to now rule that an unconstitutional and void law must be implemented regardless.

What is clear is that Obama and the Democrats have staked this Presidency and their party to the ObamaCare regime, and they will brook no opposition.

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