Judge Orders Obama Administration to Seek Immediate Review of Health-Care Ruling ... Or Else

A frustrated U.S. District Judge Roger Vinson ordered Obama administration lawyers to seek an expedited review of his decision declaring the federal health care law unconstitutional -- or suffer the consequences for their continued inaction.

Vinson declined Thursday to issue an injunction halting the implementation of Obamacare, effectively staying his own ruling. Instead, the judge directed the administration to appeal to the 11th Circuit Court of Appeal within seven days.

If the Obama regime fails to act, Vinson said Florida and the 25 other states that sued the administration can consider the health-care law invalid.

On Jan. 31, Vinson declared Obamacare -- officially known as the Affordable Care Act -- unconstitutional. The judge cited the mandate requiring individuals to purchase insurance and said the law's scope exceeded the authority of Congress to regulate interstate commerce.

But the administration continued to proceed with implementation of the law, without appealing Vinson's decision.

In a harsh rebuke of government lawyers, Vinson said in his 20-page ruling on Thursday thathe didn't expect they "would effectively ignore the order and declaratory judgment for two and one-half weeks, continue to implement the act, and only then file a belated motion to 'clarify.'"

Karen Harned, executive director of National Federation of Independent Business Small Business Legal Center, a party in the states' lawsuit, applauded Judge Vinson's action.

An expedited appeals process for this case is very good news for NFIB and the small-business community. The governments attempts to stymie the judicial process are simply prolonging the uncertainty surrounding the law and do a disservice to the states, small-business owners and individuals who are seeking resolution," Harned said.

"As Judge Vinson noted, it is in the best interest for all Americans for this case to be resolved, ultimately by the U.S. Supreme Court, as quickly as is practically possible. We strongly agree and are confident Judge Vinsons decision finding the entire law to be unconstitutional will prevail.

While some media reports suggested that Vinson was backing off his decision by staying it, professor Ilya Somin of George Mason Law School, said, "Staying a district court decision pending appeal is standard practice.

"The only reason why this wasn't done earlier in this case is that the Justice Department for some reason chose not to ask for a stay right after Judge Vinson issued his initial decision, which is also the usual practice when the government loses a case like this in district court.