Site for Free Markets and Free People

Wednesday, February 02, 2011

Should Obama Be Impeached For Defying Federal Courts?

On Monday, a federal judge in Florida found that the individual mandate in Obamacare is unconstitutional and because it's not severable, the entire law is null and void. Without overstating the case, the Obama administration must cease and desist all implementation of the law or it is violating federal law and the constitution, thus creating a major constitutional crisis and throwing the separation of powers into chaos.

The Obama administration has already said that "it will proceed as usual" and wait for a Supreme Court decision. It cannot do this unless it is granted a stay by an appeals court, which it has not. The law is void today and no longer exists. This is why the state of Florida returned its $1 million federal check from the federal government to help with the implementation of the law since there is no longer anything to implement.

What would have happened if a Republican president openly defied a federal court order? The media would create an uproar and he would be impeached if he didn't comply immediately. If Obama does not stop implementation of Obamacare immediately, he should be impeached.

(And yes, this is the second time the administration has done this, after it openly defied a federal judge regarding the drilling moratorium last year.)

Wisconsin's attorney general has already declared the state free of all obligations of Obamacare:

“Judge Vinson declared the health care law void and stated in his decision that a declaratory judgment is the functional equivalent of an injunction,” Hollen says in a statement. “This means that, for Wisconsin, the federal health care law is dead — unless and until it is revived by an appellate court.”