(Update) The Florida case (involving 26 states) against Obamacare has a new development.

The Wall Street Journal had the best summary I’ve seen so far. Vinson stayed his ruling/injunction while the case is appealed, but he put it on a fast track, noting that this case should be resolved by the Supreme Court as soon as possible.  Judge Vinson’s order is only 20 pages long; he best summarizes his original ruling and why it was an unambiguous injunction–and yet why it makes sense to stay his injunction at this point. He also tells us what is going on in the various plaintiff states while the legal issues are resolved (implementation which poses a danger, see below). It is worth reading—he takes the DOJ lawyers (and the Obama administration) to the woodshed.

Michael F. Cannon  from CATO  has pointed out that one of the reasons Judge Vinson declined to block implementation outright is that some of the plaintiff states are moving forward with implementation of Obamacare while the case is on appeal. The administration pointed out in its motion that most of the plaintiff states have applied for grants or federal resources. States are playing it safe, in case they do not win in the Supreme Court. Cannon points out that state implementation is undermining the legal case against the unconstitutional law.

Minnesota, which is not a plaintiff in any of the law suits, must look to its legislators for leadership on this issue. The issue of insurance exchanges (HF 497)  and expending funds to implement Obamacare (HF 468) are expected to be heard in the House this weekI am scheduled to testify in the House Health and Human Services Reform Committee on Tuesday in Room 200 (hearings start at 2:30pm but there is no way to know what time HF 468 will be heard).

We are not in well chartered territory. The Pelosi/Reid Congress and President Obama joined forces last year to aggressively assert federal power over the states and the people in a policy area previously thought of as under state (10th Amendment) and individual (9th Amendment) control. Minnesotans chose divided government last fall, so as I said above, we must look to our legislators for leadership while the legal process proceeds. Let’s see what the legislature does this week and calendar March 10th to see how the administration responds to Judge Vinson.