Friday, February 04, 2011

If the Bush Administration Did This, There'd be Rioting

Sedition (noun): incitement of discontent or rebellion against a government.

Karl Denninger of Market-Ticker.org ruminates on the Obama administration's reaction to the federal court decision finding Obamacare™©® unconstitutional. CBS reports:
The White House officials said that the ruling would not have an impact on implementation of the law, which is being phased in gradually. (The individual mandate, for example, does not begin until 2014.) They said that states cannot use the ruling as a basis to delay implementation in part because the ruling does not rest on "anything like a conventional Constitutional analysis."
Regardless of whether that's true or not, the fact remains that a decision has been handed down by a duly authorized court, and that ruling has force of law.

Denninger expounds:
So now we have a White House that has declared its intent to ignore a declaratory judgment.

The Administration has no right to do this.

Obama's White House has exactly two options:

*Comply with the ruling. This means that any and all activity authorized or mandated by the Statute cease now.

*File an appeal and ask for a stay pending its hearing. If said stay is granted, then the ruling is held pending consideration.

That's it.

Folks, this is clear.
And then he cites the relevant portion of the decision.

This is how "rule of law" works.  But we've seen from the Holder Justice Department, the Obama administration believes there's one rule for some groups, and different law for other groups.  We've seen from the Sebelius HHS department that there's one rule for most of us, and waivers for other groups.  This is just an extension of the same mentality:  "The law?  The law doesn't apply to us." 

Let me repeat the words of 9th Circuit Judge Alex Kozinski from his dissent to the denial to re-hear the Silveria v. Lockyer case en banc:
The Second Amendment is a doomsday provision, one designed for those exceptionally rare circumstances where all other rights have failed—where the government refuses to stand for reelection and silences those who protest; where courts have lost the courage to oppose, or can find no one to enforce their decrees. However improbable these contingencies may seem today, facing them unprepared is a mistake a free people get to make only once.
With each passing day that contingency seems less and less improbable.

Hat tip to Weird and Pissed Off for the pointer.  That's two in a row.

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