Posted on 10/14/2010 1:48:16 PM PDT by Lou Budvis
A federal judge in Florida has allowed key parts of a lawsuit against the federal health care overhaul to proceed, presaging a long legal battle over the legislation.
Judge Roger Vinson of Florida's Northern District, a Reagan appointee, ruled that two elements of a lawsuit brought by Bill McCollum and 19 other attorneys general, along with the National Federation of Independent Business, could proceed. A Michigan judge recently ruled against a similar suit.
The charges that survive:
That "the individual mandate and concomitant penalty exceed Congress’s authority under the Commerce Clause and violate the Ninth and Tenth Amendments";
and "the Act coerces and commandeers the states with respect to Medicaid by altering and expanding the program in violation of Article I and the Ninth and Tenth Amendments."
(Excerpt) Read more at politico.com ...
” presaging a long legal battle over the legislation “
Maybe too long - O’care has the potential to bankrupt and destroy the country long before it winds it way through the torturous ‘legal’ process....
Pray for an injunction...
DEMAND and injunction!
Amen to that. This thing needs to be put on hold until all legal challenges are adjuducated (hopefully ultimately striking down this monstrosity completely)
Its about time someone did something about this travesty against the American People. Laws like this are fine for Russia, China, Cuba, and Venezuela...but not for a so-called free society.
Give the damn socialists hell!!!
“O’care has the potential to bankrupt and destroy the country long before it winds it way through the torturous ‘legal’ process....”
Well, it won’t reach SCOTUS this term, but there’s no reason it couldn’t reach them for the 2011-2012 term, in which case it could put the brakes on in plenty of time before 2014.
This was the notable conclusion of the judge’s decision: “I am only saying that (with respect to two of the particular causes of action discussed above) the plaintiffs have at least stated a plausible claim that the line has been crossed.”
at this stage in the game the Democrats might actually welcome an injunction, as it would stop the daily drip-drip-drip of bad healthcare news that was not supposed to start until 2014
Can't recall the last time I heard of a challenge based on the 9th & 10th Amendments. Very good.
No challenge to death panels?
I’ve been thinking about this report on the Judge’s decision regarding the Health Care Lawsuit brought by various Attorneys General throughout the US.
Something that folks are not considering is the importance of this Election cycle and the Heath Care Lawsuit.
If people in a State vote for the Democrat candidate for Governor this year, will that candidate direct his or her Attorney General to drop their support for the lawsuit?
Will a Democrat winner of an election for Attorney General support the lawsuit, or will they drop any support their predecessor has had for it?
If a Democrat wins the race in your district for the State Legislature, will he or she vote to de-fund the AG’s Lawsuit?
Thinking of Florida, where this ruling was made, what will Alex Sink do regarding the Health Care lawsuit, should she win her race for Governor?
Are you considering not voting because your candidate lost in the primary?
This isn’t a full victory. The judge blocked parts of the suit including complaints that the law interferes with state sovereignty as to whether employers must offer insurance; that the law coerces states into setting up insurance exchanges; that the individual mandate violates the states’ due process rights.
This is a victory for big government that even a Reagan appointee can’t turn away. The Feds are free to interfere in our lives, they just have to be more careful about how they manipulate us.
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