Wednesday, February 23, 2011

Plaintiffs file their memo in opposition to DOJ's motion to clarify

As requested by Judge Vinson's order of Friday, the plaintiffs in Florida v. HHS have filed their memorandum in opposition to the United States's Motion to Clarify, which it filed last week. You can access the plaintiffs' memo here.

The plaintiffs make three basic arguments: (1) the judgment is clear, and thus does not require any clarification; (2) the declaratory judgment effectively has the force of an injunction as it now stands, as the parties are bound to abide by its declaration of the rights of the parties; and (3) the United States has sought this clarification in order to avoid seeking a stay, because it knows it cannot meet the requirements for the granting of a stay.

DOJ must now file its reply memorandum by Monday. Presumably Judge Vinson will rule shortly thereafter, perhaps as soon as the middle of next week.