Are Two Constitutional Crises on the Way?

[Geee]

Pajamas Media:

On January 31, Judge Vinson of the United States District Court for the Northern District of Florida, Pensacola Division, held the mandatory insurance provisions of ObamaCare unconstitutional as beyond the power of the federal government under the Commerce Clause of the Constitution. Finding that key part of the law inseparable from the rest, he held the whole thing void. He declined to grant an injunction to bar its continued enforcement since:

There is no reason to conclude that … [the] presumption [that the federal government will not ignore a federal court decision and proceed as though it had not been issued] should not apply here. Thus, the award of declaratory relief is adequate and separate injunctive relief is not necessary.

The federal government has not yet sought a stay, and the plaintiffs in the Florida case have not yet renewed their request for injunctive relief. Either or both of those things may well happen soon. In the meantime, Attorney General J.B. Van Hollen of Wisconsin has stated:

Judge Vinson declared the health care law void and stated in his decision that a declaratory judgment is the functional equivalent of an injunction. This means that, for Wisconsin, the federal health care law is dead — unless and until it is revived by an appellate court. Effectively, Wisconsin was relieved of any obligations or duties that were created under terms of the federal health care law. What that means in a practical sense is a discussion I’ll have in confidence with Governor Walker, as the State’s counsel.

Others have or will likely take a similar position, and senators from Wyoming and South Carolina have introduced bills in the Senate to permit states to opt out.