Posted on 09/14/2010 8:37:23 AM PDT by BradtotheBone
The most closely watched legal challenge to President Barack Obama’s health care plan is set to go before a federal judge in Florida on Tuesday, as 20 states and an influential small-business group argue that the bill amounts to a sweeping constitutional overreach.
The states argue that the federal government cannot impose a requirement on individuals to purchase insurance, the so-called individual mandate, and then force them to pay a fine if they don’t. The mandate takes effect in 2014.
The National Federation of Independent Business is also part of the states’ lawsuit, arguing that the mandate will force higher costs on small businesses.
The Justice Department is asking the judge in Pensacola, Fla., to dismiss the lawsuit, saying enforcing the insurance mandate is within the rights of Congress to levy taxes on U.S. citizens.
The Justice Department had asked a judge to dismiss another legal challenge to Obama’s plan — by Virginia Attorney General Ken Cuccinelli — but the judge refused in August, saying the health reform plan did in fact raise constitutional questions.
The health care bill was one of Obama’s signature legislative achievements, but the lawsuits against it arose almost immediately in the aftermath of Congress’s passing the bill in March, amid bitter partisan fighting.
(Excerpt) Read more at politico.com ...
When was the last time (excluding Civil War) so many states pushed back against the feds?
But it never hurts to provide backup.
My proposal is this:
First law passed by a Republican Congress in 2011:
"Congress shall not impose or enforce any individual mandate."
Done. Clean-up on Aisle 4!
I thought InTrade might offer a clue as to what people are thinking about the chances of this suit being successful. There’s only one trade going on related to Obamacare, which asks “Will the individual mandate be declared unconstitutional by SCOTUS by 10/11”, and it’s selling for 10 cents, i.e. a 10% probability that will happen. No trades on the Florida lawsuit per se.
What odds would FReepers give it for success?
The healthcare mandate that requires the individual to carry health insurance is a head tax. Anathema.
Unfortunately, slim and none, and Slim just left town. IMHO, even if the GOP gains control of both Houses of Congress this fall, there will be no serious effort to repeal the Healthcare Reform Act. Just efforts to tweak it so that the trains will run on time. Too much money and power at stake for Congress to do otherwise, the voters be damned of course.
As polluted as the “Justice” System is today, I wouldn’t be surprised at a ruling that says “cannot force purchase”, but leaves Obamacare intact, ruling that you will just be stuck with Socialized Medicine only, paying through taxes, and either joining the Govt. “option”, or paying through taxes and NOT having the Govt. Insurance.....it’s just a way to get all the “have’s” to pay the freight for the “have-not’s”, who don’t have any income to tax....it’s the way of life now for generations of dependent-class parasites.
We MUST kill this freedom-killing bill before it literally kills us!
We are likely to be stuck w/this Obomination.
Social Security is similar in that you are forced to participate in a retirement plan. That one made it through the supreme court.
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