Liberal free for all coming to an end

[TracyCoxx]

Originally Posted by smc

Once again, Tracy Coxx reserves for Tracy Coxx the "right" to a personal set of facts. The line above that I have bolded is simply not true.

In fact, the judge ""declared" the law unconstitutional. In legal terms, the use of that word is relevant. It means that Vinson expressly refused to enter an injunction. In other words, he declined to command the Obama administration to take any particular action.

Wrong. Since this is against the federal government a declaratory judgement is the equivalent of an injunction: Page 75 of the ruling states:

Injunctive relief is an “extraordinary” [Weinberger v. Romero-Barcelo, 456U.S. 305, 312, 102 S. Ct. 1798, 72 L. Ed. 2d 91 (1982)], and “drastic” remedy[Aaron v. S.E.C., 446 U.S. 680, 703, 100 S. Ct. 1945, 64 L. Ed. 2d 611 (1980)(Burger, J., concurring)]. It is even more so when the party to be enjoined is the federal government, for there is a long-standing presumption “that officials of the Executive Branch will adhere to the law as declared by the court. As a result, the declaratory judgment is the functional equivalent of an injunction.” See Comm. on Judiciary of U.S. House of Representatives v. Miers, 542 F.3d 909, 911 (D.C. Cir.2008); accord Sanchez-Espinoza v. Reagan, 770 F.2d 202, 208 n.8 (D.C. Cir.1985)

Originally Posted by randolph

Thanks for the clarification. If people are going to post on specific political issues, they should get their facts straight.

The facts are now straight.