On Friday, the Fifth Circuit granted the Department of Justice’s request that appeal proceedings be temporarily paused.  Department of Justice attorneys are prohibited from working during the shutdown, and argued that, without a halt to the proceedings, they would be forced to miss a deadline.

Last month, Judge O’Connor held that, because Congress has eliminated the tax associated with the individual mandate, Obamacare can no longer be justified under the Taxing Power.  Democratic-led States quickly appealed.

Today’s appellate pause demonstrates the wisdom of Judge O’Connor’s refusal to grant a nationwide injunction coast to coast.  This exercise of remedial restraint is a model for future district courts and means the federal appellate courts (and potentially the Supreme Court) will have an opportunity to address the case in due course.