Courts' (conservative) leanings give Florida health-care reform lawsuit fighting chance

Jacksonville ^ | 5/30/10 | Jeremy Cox

[Libloather]

Courts' leanings give Florida health-care reform lawsuit fighting chance
Both courts lean conservative, so the reform law could face trouble.
By Jeremy Cox
Posted: May 30, 2010 - 10:48pm

Florida Attorney General Bill McCollum's high-profile lawsuit against the federal health-care reform law has been the subject of hot debate in legal circles since it was filed in March.

The case's arguments aren't strong but may be viewed favorably by the Pensacola-based U.S. Northern District Court of Florida, where it was filed, two constitutional law scholars told The Times-Union.

The U.S. Supreme Court may be inclined to side with McCollum, if it goes that far.

Both courts lean conservative, said John Knechtle of the Florida Coastal School of Law. So if the judges base their decisions on their political ideologies instead of recent legal precedent, including at least one case they decided within the past decade, the reform law may be overturned.

[Libloather]

A look at the nine amendments on Florida's ballot (Commiecare™ #9 on the ticket)

[traderrob6]

“The case’s arguments aren’t strong....”

Say what?

[RightFighter]

I think that by not including competition across state lines, the Congress really screwed up. If the health care law included cross-state policy sales, then they could effectively argue that they were regulating interstate commerce. But by leaving in place a system where health insurance is restricted by state of residence, they in effect ceded that argument to the states.

At least, if the judge hearing the case has a brain, that’s the way he’ll see it.