February 02, 2011
— Gabriel Malor As I wrote in my year-end review, the Administration's shenanigans on the Gulf drilling moratorium were lawless and bound to get it in trouble.
The federal judge who struck down the Obama administration's moratorium on deepwater drilling after the Gulf oil spill held the Interior Department in contempt Wednesday, and ordered the federal agency to pay attorneys' fees for several offshore oil companies.U.S. District Judge Martin Feldman chided the department for its "dismissive conduct" after he overturned the agency's decision to halt any new permits for deepwater projects and suspend drilling on 33 exploratory wells after the Deepwater Horizon blast, which killed 11 workers and triggered the massive spill.
After Feldman overturned the government's moratorium in June, the agency issued a second nearly identical suspension.
"Such dismissive conduct, viewed in tandem with the reimposition of a second blanket and substantively identical moratorium and in light of the national importance of this case, provide this court with clear and convincing evidence of the government's contempt of this court's preliminary injunction order," he wrote.
This is the future of the ObamaCare litigation too, if Administration officials insist on continuing implementation without first asking Judge Vinson for a stay.
Posted by: Gabriel Malor at
05:16 PM
| Comments (189)
Post contains 213 words, total size 2 kb.
But if it keeps up...fodder for the 'I' word that isn't Barry's favorite pronoun...
Posted by: AoSHQ's DarkLord© at February 02, 2011 05:18 PM (Fs7RJ)
And instant wood. I love it when Obama and his minions run up against that pesky constitution.
Posted by: CharlieBrown'sDildo (NJConservative) at February 02, 2011 05:19 PM (LH6ir)
Posted by: not the droid you seek at February 02, 2011 05:19 PM (h35AH)
what a visual you get when you initially read it...
Posted by: curious at February 02, 2011 05:20 PM (p302b)
Posted by: George Orwell at February 02, 2011 05:20 PM (AZGON)
Posted by: Boots at February 02, 2011 05:20 PM (neKzn)
Posted by: steevy at February 02, 2011 05:21 PM (XDHjS)
Posted by: curious at February 02, 2011 05:21 PM (p302b)
Posted by: Wyatt Earp at February 02, 2011 05:21 PM (zgZzy)
Posted by: mockmook at February 02, 2011 05:21 PM (WZMt3)
No damages? There have to be more damages than attorney's fees.
Posted by: frankly at February 02, 2011 05:22 PM (3l0eA)
Posted by: RushBabe at February 02, 2011 05:22 PM (urYpw)
Posted by: Joseph Barack Stalin Obama at February 02, 2011 05:22 PM (AZGON)
*bang*
Posted by: rooster feldman at February 02, 2011 05:23 PM (GTbGH)
Posted by: Helen Thomas at February 02, 2011 05:23 PM (zgZzy)
Posted by: steevy at February 02, 2011 05:24 PM (XDHjS)
Yeah, and I'm sure they'll get right on that. Those arrogant pricks don't give a flying fig about the rule of law.
What the hell happens, now? Oil companies are still not drilling, and some are leaving or have left. No permits. Nothing.
I could not despise those assholes more.
Posted by: Steph at February 02, 2011 05:26 PM (AkdC5)
Is someone going to jail? Obama is in trouble with the court, jailed for contempt? I don't see it. I appreciate the sentiment, Gabe, but I don't see where any of the principals are actually being punished.
Is this finally an impeachable act, by your standard?
Posted by: iknowtheleft at February 02, 2011 05:26 PM (N49h9)
When I see Obama's cabinet start to show up in orange jumpsuits I'll sit down in front of C-SPAN with a bottle of 18-year Talisker, it'll be better than the Super Bowl.
Posted by: JEM at February 02, 2011 05:26 PM (o+SC1)
Drew,
I read an article today that quoted Florida and Wisconsin officials saying they are stopping the implementation of Obamacare based on Vinsions ruling. Can you confirm that?
Posted by: Ben at February 02, 2011 05:28 PM (DKV43)
Posted by: cognitive dissonant libtard at February 02, 2011 05:28 PM (98AOY)
Posted by: AmishDude at February 02, 2011 05:29 PM (T0NGe)
Fined them?? They fucking fined them??
Who the fuck do they think pays for this shit??? Throw the motherfuckers in jail like they would anyone else.
This is like how Fannie Mae was fined $400 million when Raines and Gorelick cooked the books there.
She got away with $26 million..and he got $90 million for his troubles.
...and now we're paying the legal bills for these fucks
Posted by: beedubya at February 02, 2011 05:29 PM (AnTyA)
Posted by: Flapjackmaka at February 02, 2011 05:29 PM (c5RQr)
Posted by: Helen Thomas at February 02, 2011 09:23 PM (zgZzy)
Marty Feldman is a judge? Holy crap, I remember when he was Igor (pronounced eye-gore).
Posted by: AmishDude at February 02, 2011 05:30 PM (T0NGe)
Drew,
I read an article today that quoted Florida and Wisconsin officials saying they are stopping the implementation of Obamacare based on Vinsions ruling. Can you confirm that?
Well, I'm not Drew, but yes, I can confirm that.
Posted by: Gabriel Malor at February 02, 2011 05:30 PM (XVaFd)
Posted by: Wyatt Earp at February 02, 2011 05:30 PM (zgZzy)
Posted by: Joseph Barack Stalin Obama at February 02, 2011 09:22 PM
Judge Marty Feldman? I thought he was dead.....
Posted by: Truck Monkey at February 02, 2011 05:30 PM (yQWNf)
Posted by: George Orwell at February 02, 2011 05:30 PM (AZGON)
Not that I don't already hold them in contempt myself.
Posted by: GnuBreed at February 02, 2011 05:31 PM (h0RtZ)
Posted by: Ronster at February 02, 2011 05:31 PM (1F/m8)
isn't he an old time actor or something?
Posted by: curious at February 02, 2011 05:31 PM (p302b)
Posted by: robtr at February 02, 2011 05:32 PM (hVDig)
Posted by: George Orwell at February 02, 2011 05:32 PM (AZGON)
Posted by: Joseph Barack Stalin Obama at February 02, 2011 09:22 PM (AZGON)
So, what happens if the executive branch blows off a "comtempt" order? Has that ever happened? I mean, in the long ago past, didn't the Supreme Court say that the Cherokee removal along the Trail of Tears was unlawful or something? And what did the President say? As I remember, it was "The Chief Justice has made his decision. Now let him enforce it."
And so the removal continued.
Or am I just getting misdirected by long ago history?
Posted by: ed at February 02, 2011 05:33 PM (emG8W)
Posted by: curious at February 02, 2011 09:31 PM
Igor in Young Frankenstein.
Posted by: Truck Monkey at February 02, 2011 05:35 PM (yQWNf)
Posted by: Ezra Klein, legal genius and wonderblogger at February 02, 2011 05:35 PM (AZGON)
Drew,
I read an article today that quoted Florida and Wisconsin officials saying they are stopping the implementation of Obamacare based on Vinsions ruling. Can you confirm that?
Well, I'm not Drew, but yes, I can confirm that.
You all look alike me.
Don't know why I thought Drew wrote this.hmmm. I need to look closer.
Posted by: Ben at February 02, 2011 05:35 PM (DKV43)
Posted by: Ezra "The Toddler" Klein at February 02, 2011 05:35 PM (vXwmy)
Posted by: Ali Akbar! at February 02, 2011 05:36 PM (Ez4Ql)
Well, I'm not Drew, but yes, I can confirm that.
Me too
I meant, can you confirm the legality of it?
The legal system is beyond me. How can Vinsion strike the entire law, and some states move forward with implementation and others won't?
I don't understand it
Posted by: Ben at February 02, 2011 05:37 PM (DKV43)
that is exactly my question also but maybe the blue states will implement and the red states won't?
Posted by: curious at February 02, 2011 05:38 PM (p302b)
You all look alike me.
Oh snap
Posted by: stupid gay stereotype at February 02, 2011 09:37 PM (AnTyA)
drew is gay too?
Posted by: curious at February 02, 2011 05:39 PM (p302b)
The federal judge who struck down the Obama administration's moratorium on deepwater drilling ...............
It doesn't matter. O'Barky got what he wanted. The damage is done. Most, if not all rigs have left the Gulf and won't be back.
Posted by: Ronster at February 02, 2011 05:40 PM (1F/m8)
that is exactly my question also but maybe the blue states will implement and the red states won't?
no because in the article I read, the Republican governor of Alabama(or one of the southern states) said he is going to implement it.
It doesn't seem to be a clear cut red blue thing. I just don't understand how states can ignore the stay order.
Posted by: Ben at February 02, 2011 05:41 PM (DKV43)
Posted by: steevy at February 02, 2011 05:42 PM (XDHjS)
You'd think these judges think they are a branch of government or something.
Posted by: Charles Schumer at February 02, 2011 05:43 PM (nNgbi)
Posted by: Count de Monet at February 02, 2011 05:43 PM (XBM1t)
Posted by: curious at February 02, 2011 05:44 PM (p302b)
Who gives a rat's patootie about this monstrous legislation that will affect every aspect of our lives, take away our freedoms, bankrupt us, and start us on the slippery slope to socialism..
..Drew is gay?
Posted by: beedubya at February 02, 2011 05:45 PM (AnTyA)
They do what they've been doing - the "new and improved" application process is just interminable foot-dragging. File as many applications for permits you desire, Mr. Fucking Economic-suicide President grants magnanimously, and the relevant departments may get around to looking at them in 24 months or so.
Posted by: Waterhouse at February 02, 2011 05:45 PM (STZ9e)
I just don't understand how states can ignore the stay order.
What stay order. Stay order will probably be coming, but I haven't heard of one yet.
Posted by: Ronster at February 02, 2011 05:46 PM (1F/m8)
Posted by: eman at February 02, 2011 05:47 PM (n0WLs)
..Drew is gay?
Posted by: beedubya at February 02, 2011 09:45 PM (AnTyA)
I loled....this is how "rumors" start...
Posted by: curious at February 02, 2011 05:47 PM (p302b)
Posted by: curious at February 02, 2011 05:48 PM (p302b)
Feel free to expound on how the two are different. A person with a hard core free market orientation might hold the attitude that republicans are the socialists and the lefty democrat types are something else altogether.
Posted by: John Galt at February 02, 2011 05:48 PM (NLWij)
Posted by: steevy at February 02, 2011 09:42 PM (XDHjS)
That came out during the 2008 campaign, with some socialist party listing him in one of his runs in the state senate. Of course, everyone denied it, but ... it was the New America Party or something like that.
Posted by: iknowtheleft at February 02, 2011 05:49 PM (N49h9)
HAHAHAHAHAHAHAHAHAHAHAHAHAAHAHAHAHAHAHAHAHAHA
Posted by: chemjeff at February 02, 2011 05:49 PM (byRSu)
Posted by: ChrisP at February 02, 2011 05:49 PM (XOiCZ)
Posted by: eman at February 02, 2011 05:51 PM (n0WLs)
Posted by: The interior Department at February 02, 2011 05:53 PM (oNQkO)
Posted by: George Orwell at February 02, 2011 05:54 PM (AZGON)
Posted by: The Chinese at February 02, 2011 05:54 PM (n0WLs)
I leave for five minutes to read a few articles about the steelers and i come back to this.
For shame.
Posted by: Ben at February 02, 2011 05:55 PM (DKV43)
Posted by: Hatchet Five at February 02, 2011 05:55 PM (ofEJm)
Posted by: eman at February 02, 2011 05:57 PM (n0WLs)
Posted by: steevy at February 02, 2011 05:57 PM (XDHjS)
I leave for five minutes to read a few articles about the steelers catch the last few minutes of Glee and i come back to this.
For shame
Posted by: Benny at February 02, 2011 05:58 PM (AnTyA)
Posted by: steevy at February 02, 2011 05:58 PM (XDHjS)
What the hell happens, now? Oil companies are still not drilling, and some are leaving or have left. No permits. Nothing.
The rigs have left and 50,000 people lost their jobs. The best we could hope for them is for exploration to start and find some earl for them to drill some day. The judge should order expedited approvals part of his ruling!
Posted by: RushBabe at February 02, 2011 05:58 PM (urYpw)
Posted by: Ezra "The Toddler" Klein at February 02, 2011 05:59 PM (vXwmy)
Posted by: steevy at February 02, 2011 05:59 PM (XDHjS)
See Lifeson's Obama and the New Party at The American Thinker. Obama is exactly who we thought knew he was.
Posted by: AnonymousDrivel at February 02, 2011 06:00 PM (swuwV)
Was not it just yesterday, when many pundits said there would be an automatic stay of Judge Vinsons' order???
Hmmmm.... no news of a Stay of his order yet... so Obama care IS unconsitutional as of now...
Posted by: Romeo13 at February 02, 2011 06:00 PM (AdK6a)
Pictures Videos or...
What? Hey, if you guys can ask for the lesbian pron, why can't we gals ask for it? exceptin' complete and utter lack of interest, of course
Posted by: Y-not at February 02, 2011 06:00 PM (pW2o8)
Posted by: eman at February 02, 2011 06:01 PM (n0WLs)
Posted by: steevy at February 02, 2011 06:01 PM (XDHjS)
I been thinking about writing about this, because there's a bunch of confusion on this, even from the lawyers involved in the case, but I've been lazy. Also grouchy that I feel like I have to keep explaining things to lawyers who really should know better.
Here's the skinny: Judge Vinson entered a declaratory judgment. A DJ describes the rights of the parties. Here, the DJ says that ObamaCare is unconstitutional because it's not within the power of the federal government. J. Vinson did not enter an injunction specifically enjoining the Administration from doing things related to ObamaCare, however, because of some longstanding rules about presuming that government officials will comply with DJs.
So, as it currently stands, there's an "active" DJ that ObamaCare is unconstitutional. Because of the DJ, if the Obama Administration attempts to implement any portion of ObamaCare in a way contrary to the DJ, any party to the lawsuit can get an immediate injunction from J. Vinson to halt that implementation. (Depending on who you ask, a non-party could too, but that's complicated and I don't want to get into it right now. It suffices that at least some of the parties look ready to enforce the DJ.)
Note, however, that this requires the parties to act, again going to the judge. Which, I'm almost certain they will, given the statements from Wisconsin and Florida. Assuming the Obama Admin does more than simply say it's going to continue implementation and that it actually does continue implementation.
The Administration can avoid the PR catastrophe by going to get a stay of the order first. They should have done it immediately, so this wouldn't have turned into a bit of a kerfluffle anyway. They didn't for a few reasons, but one of them is that going back for a stay risked giving J. Vinson another chance to backhand them across the mouth. The analysis for a stay can be pretty brutal in cases like these where the "public interest" depends entirely on which side you fall (the Prop8 and DADT stay orders come to mind). And the Administration already knows where J. Vinson is standing.
So instead they waited to see what would happen, probably hoping that none of the states and none of the insurance companies would put up a fuss about voluntarily carrying out implementation. Obviously that strategy is about to collapse, so expect a show-down on an injunction and a stay motion soon. My understanding is that they have to seek a stay from the district court before they can ask for one at the Eleventh Circuit, no matter how long they wait.
Posted by: Gabriel Malor at February 02, 2011 06:02 PM (XVaFd)
Posted by: GreenPus at February 02, 2011 06:02 PM (iyIvz)
Posted by: steevy at February 02, 2011 06:02 PM (XDHjS)
While this is generally a feel-good post, I am compelled to fify in this one respect.
Posted by: Peaches at February 02, 2011 06:02 PM (zxpIo)
Posted by: David Caruso at February 02, 2011 06:03 PM (AZGON)
Posted by: steevy at February 02, 2011 09:57 PM (XDHjS)
That's true. All American leftists are socialists in good part, but I was talking about those who are actually card-carrying socialists, which Barky was.
--Really frightening how unvetted this guy was.The MFM showed zero interest in the true background.A real fucking horror show.
Posted by: steevy at February 02, 2011 09:58 PM (XDHjS)
But, you know, it shouldn't have mattered. That little Rev Wright sermon (just a couple of weeks after 9/11, with the 'goddamn America') should have been more than enough for anyone. Everyone knew what Barky was about, if not all the gory details. That's why I maintain that America intentionally chose Suicide by Indonesian. America knew what it was voting for.
Posted by: iknowtheleft at February 02, 2011 06:04 PM (N49h9)
Posted by: steevy at February 02, 2011 06:06 PM (XDHjS)
Posted by: George Orwell at February 02, 2011 06:06 PM (AZGON)
Posted by: AnonymousDrivel at February 02, 2011 10:00 PM (swuwV)
Yes. That was it. Thanks.
Posted by: iknowtheleft at February 02, 2011 06:06 PM (N49h9)
It's a freakin' coven!
Posted by: toby928™ at February 02, 2011 09:52 PM (GTbGH)
But just think of how fabulous the ONT will be tonight!
Posted by: NC Ref at February 02, 2011 06:07 PM (/izg2)
True enough, I've been trapped at home with the roads iced over and got into the scotch a couple of hours ago. Wouldn't mind arguing that most republicans are socialists but maybe I'd better say most republican politicians are socialists or at the very least comfortable with socialism-light.
Posted by: John Galt at February 02, 2011 06:07 PM (NLWij)
For shame.
Posted by: Ben at February 02, 2011 09:55 PM (DKV43)
Maybe sometime we can get together for a few bears...and you can tell me, you know...how you can do, that, to another man.
Posted by: Michael Scott at February 02, 2011 06:07 PM (3lx5O)
Posted by: eman at February 02, 2011 06:07 PM (n0WLs)
Posted by: steevy at February 02, 2011 06:07 PM (XDHjS)
Posted by: George Orwell at February 02, 2011 06:08 PM (AZGON)
Posted by: CAC at February 02, 2011 06:09 PM (Gr1V1)
Posted by: steevy at February 02, 2011 06:09 PM (XDHjS)
Posted by: George Orwell at February 02, 2011 06:09 PM (AZGON)
Wait,I'm confused.Drew is in jail and gay.Ben is gay but not in jail.Gabe is gay but not in jail.Ace is in jail but not gay??
...and LauraW's hump came out in support of Gay Marriage.
Posted by: garrett at February 02, 2011 06:09 PM (3lx5O)
Posted by: USS Diversity at February 02, 2011 06:10 PM (DLxD/)
No, but I did hyphosectomize 105 newts for a science project in college (and whack off their limbs). If god's a newt, I am so screwed.
Posted by: Y-not at February 02, 2011 06:10 PM (pW2o8)
Posted by: eman at February 02, 2011 06:11 PM (n0WLs)
Posted by: Peaches at February 02, 2011 06:11 PM (zxpIo)
Posted by: George Orwell at February 02, 2011 06:12 PM (AZGON)
Posted by: Y-not at February 02, 2011 06:12 PM (pW2o8)
Posted by: steevy at February 02, 2011 06:12 PM (XDHjS)
Posted by: steevy at February 02, 2011 06:12 PM (XDHjS)
Wait,I'm confused.Drew is in jail and gay.Ben is gay but not in jail.Gabe is gay but not in jail.Ace is in jail but not gay??
More proof that it's not a good idea to read the comments from the bottom up.
Posted by: laceyunderalls at February 02, 2011 06:12 PM (+/p72)
Posted by: George Orwell at February 02, 2011 06:12 PM (AZGON)
Posted by: CAC at February 02, 2011 06:13 PM (Gr1V1)
Posted by: eman at February 02, 2011 06:13 PM (n0WLs)
Posted by: steevy at February 02, 2011 06:13 PM (XDHjS)
Posted by: George Orwell at February 02, 2011 06:13 PM (AZGON)
Posted by: Peaches at February 02, 2011 06:14 PM (zxpIo)
Posted by: steevy at February 02, 2011 06:14 PM (XDHjS)
Posted by: Joey Biden at February 02, 2011 06:15 PM (YZISw)
Posted by: steevy at February 02, 2011 06:16 PM (XDHjS)
The fugitive has been on the run for 1.5 hours. The average foot speed of a healthy coblogger over uneven terrain is 3 miles per hour. I want a hard-target search of every dwelling, garage, outhouse, doghouse and bathhouse in a 4.5 mile radius until we find this criminal.
Someone get me a donut.
Posted by: Some US Marshal at February 02, 2011 06:16 PM (STZ9e)
February is teh suckiest month
This.
If we completely skipped this dreadful month I'd be a happy little girl.
Posted by: laceyunderalls at February 02, 2011 06:16 PM (+/p72)
Posted by: Peaches at February 02, 2011 06:16 PM (zxpIo)
I have some shoes you might want to try.Posted by: Steve Martin at February 02, 2011 06:16 PM (n0WLs)
Well, there is April 15th.
Posted by: Y-not at February 02, 2011 06:18 PM (pW2o8)
Posted by: Ezra "The Toddler" Klein at February 02, 2011 06:19 PM (vXwmy)
Posted by: steevy at February 02, 2011 06:20 PM (XDHjS)
Posted by: The Federal Government at February 02, 2011 06:21 PM (AZGON)
Posted by: Gabriel Malor at February 02, 2011 06:21 PM (XVaFd)
So, they met in jail, turned gay and ran out to frisco to get married
Wait...Drew and Ben are married?
It's gotta be hard on Ben with Drew in jail
Posted by: beedubya at February 02, 2011 06:21 PM (AnTyA)
Posted by: Y-not at February 02, 2011 10:18 PM (pW2o
Meh, I pay taxes every day. I never understand those idiots (and they are legion) who get all excited about getting money back. Like they should congratulate themselves on giving the gubmint and interest-free loan. \o/ no cure for stupid, it's not even in the pipeline.
Posted by: Peaches at February 02, 2011 06:21 PM (zxpIo)
Oh, thank goodness. The ONT is up. All ya'll get the fuck outta here before I get the Mossberg.
Indeed.
Posted by: Ben at February 02, 2011 06:23 PM (DKV43)
Drew's parole hearing was postponed until Drew is recaptured by the FBI.
The fugitive has been on the run for 1.5 hours. The average foot speed of a healthy coblogger over uneven terrain is 3 miles per hour. I want a hard-target search of every dwelling, garage, outhouse, doghouse and bathhouse in a 4.5 mile radius until we find this criminal.
I hope people saw this one before they left. I laughed real hard.
Posted by: Ben at February 02, 2011 06:24 PM (DKV43)
So Marty Feldman is gay and on the run from FBI while Ace is running an illegal gay dating service?
Posted by: Moron a little slow on reading comprehension at February 02, 2011 06:25 PM (KQOC0)
Posted by: Skookumchuk at February 02, 2011 06:26 PM (btzPD)
Posted by: tarpon at February 02, 2011 06:53 PM (g0QB8)
Posted by: Hoot at February 02, 2011 07:39 PM (cbBud)
Posted by: Hoot at February 02, 2011 07:42 PM (cbBud)
Posted by: Socratease at February 02, 2011 09:59 PM (VwMjZ)
Hola all. I've been working on a report and may be opening up another bottle with the looks of what's happening now in Egypt.
The commentators on Al Jazeera Weds. morning were really in rare form, with there leading questions and immediate breakaways if they weren't getting the "right" all the anti-Mubarak protestors are peaceful responses from their guests.
Posted by: journolist at February 02, 2011 10:10 PM (iHfo1)
Posted by: Spurwing Plover at February 02, 2011 10:11 PM (vA9ld)
Posted by: Gabriel Malor at February 02, 2011 10:21 PM (XVaFd)
And people wonder why we like Gabe. Platonically, of course, we're not all like Ben, IYKWIMAITTYD, NTTAWWT. TTFN.
Posted by: Merovign, Bond Villain at February 02, 2011 11:05 PM (bxiXv)
Posted by: Hosni Mubarak at February 03, 2011 12:08 PM (tvs2p)
That judge is quite capable of ordering feds to stay away from those rigs, and giving the state police permission to treat them as trespassers.
It's kinda hard to stop someone, or even fine someone, when the federal judiciary is no longer o0n board with you.
Any fines or jail terms for ignoring federal wankers ( or even shooting them ) have to go past these judges.
Posted by: Kristopher at February 03, 2011 12:34 PM (atS82)
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Posted by: stt at February 02, 2011 05:18 PM (18UD/)