President Obama has gotten pretty good at unilaterally rewriting his health care law, having started the moment it passed four years ago. Will he now start rewriting court orders demanding that he stop? it is incumbent on the Government to now inform the Court and Appellants whether it will abide by this Court’s decision or, for the first time in history, continue to pursue an agency policy after this Court has ruled that the policy is unlawful and set it aside as ultra vires. Indeed, unless the Government affirmatively disavows its apparent intention to lawlessly flout this Court’s binding order invalidating the IRS Rule, the ordinary remedy of vacatur will not suffice, and injunctive relief will be required to enjoin the IRS from making available the subsidies ruled unlawful.
Posted on: Sun, 16 Mar 2014 04:25:21 +0000
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