Fla. Suit On Obama Health Plan May Go To Trial

http://www.wesh.com/news/25006112/detail.html ^ | September 14, 2010 | wesh.com

[sheikdetailfeather]

PENSACOLA, Fla. -- A federal judge says he likely will let go to trial portions of a lawsuit by Florida and 19 other states challenging the president's health care overhaul as unconstitutional.

But U.S. District Judge Roger Vinson said at a Tuesday hearing in Pensacola that he expects to dismiss other parts.

[sheikdetailfeather]

The judge is a Reagan appointee per Rush Limbaugh and an avid hunter.

[Hoodat]

If Vinson upholds the states' challenge, he would overturn decades of law enforcing the federal government's power to regulate interstate commerce, said Ian Heath Gershengorn, deputy assistant attorney general.

Health insurance is NOT Interstate Commerce.

[dirtboy]

And forcing someone to buy insurance is regulating a LACK of commerce.

[DrC]

“Health insurance is NOT Interstate Commerce.”

If it were, the McCarran-Ferguson Act—which gave regulatory authority over insurance to the states—would have been unconstitutional. But that law has been on the books for more than 60 years.