Posted on 08/06/2010 8:32:49 PM PDT by Libloather
States respond in health care overhaul lawsuit
By Jennifer Kay, Associated Press Writer
Fri Aug 6, 3:16 pm ET
PENSACOLA, Fla. Twenty states and the nation's most influential small business lobby demanded Friday that a federal court in Florida hear their challenge to President Barack Obama's health care overhaul because they face imminent harm from its mandates.
The Justice Department in June asked a federal judge to dismiss their lawsuit, saying the U.S. District Court in Pensacola lacks subject-matter jurisdiction over some of the lawsuit's claims. They also said other parts of the lawsuit failed to state claims upon which relief can be granted.
The states, the National Federation of Independent Business and several individual taxpayers filed their response Friday in Pensacola federal court.
A key issue raised by their lawsuit is whether the federal government can require individuals to purchase health care insurance and fine those who don't.
"If Congress can regulate the failure to have health care insurance coverage, it can equally regulate the 'failure' to meet any other requirement it chooses to impose," Florida Attorney General Bill McCollum wrote in the response.
(Excerpt) Read more at news.yahoo.com ...
20 minutes ago I talked to my sister, an RN in Florida. She said ObamaCare is a horror show about to happen.
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