Breaking News: Judge Says Florida Lawsuit Against Federal Health Care Law Can Go Forward

[Lochloosa]

Breaking...no sources yet. This is from Faux..I won't post their link

[flpoljunkie]

1. AP: Judge Says Parts of Suit over Health Overhaul Can Go To Trial

Judge: Suit over health overhaul can go to trial

By MELISSA NELSON
The Associated Press

Thursday, October 14, 2010; 3:14 PM

PENSACOLA, Fla. -- A federal judge says some parts of a lawsuit by 20 states challenging the Obama administration's health care overhaul as unconstitutional can go to trial.

District Judge Roger Vinson ruled Thursday in Pensacola, Fla., that some parts of the lawsuit need to be heard. The administration had asked him to dismiss the entire lawsuit, which was spearheaded by Florida Attorney General Bill McCollum.

The lawsuit is likely to wind up before the U.S. Supreme Court.

The states and the administration disagree over whether people should be required to have health insurance, and whether states should pay additional Medicaid costs not covered by the federal government.

A federal judge in Michigan dismissed a similar lawsuit last week.

http://www.washingtonpost.com/wp-dyn/content/article/2010/10/14/AR2010101404419_pf.html

[Lochloosa]

2. District Judge Roger Vinson ...someone tell me Presidential elections don't matter...

He was nominated to the federal bench by President Ronald Reagan on September 9, 1983

[Kdillard]

3. Yep. In any case we'll see how this resolves itself.

[flpoljunkie]

4. The Hill notes the counts that will go forward and the four that were thrown out

The counts that survived in the Florida case are:

Count One: Unconstitutional mandate that all individuals have healthcare insurance coverage or pay a penalty. (Unconstitutional under Commerce Clause (Art. I Sec. 8) and under the 9th and 10th Amendments concerning principles of federalism and dual sovereignty.)

Count Four: Unconstitutional coercion and commandeering of the states as to Medicaid. (Unconstitutional under Art. I and Amendments 9 and 10.)

Four other counts were thrown out:

Count Two: Unconstitutional mandate that all individuals have healthcare insurance coverage or pay a penalty. (Unconstitutional under the 5th amendment's due process clause.)

Count Three: Violation of constitutional prohibition of unapportioned capitation or direct tax. (Unconstitutional under Art. I Sections 2 and 9 and Amendments 9 and 10.)

Count Five: Unconstitutional coercion and commandeering as to healthcare insurance. (Unconstitutional under Art. I and Amendments 9 and 10.)

Count Six: Unconstitutional interference with the states' sovereignty as employers and performance of government functions. (Unconstitutional under Article I and Amendments 9 and 10.)

Vinson has already laid out a timeline on how the lawsuit will move forward.

"Assuming the case survives dismissal in whole or in part," he wrote last month, "the parties have until 11/4/2010 in which to move for summary judgment (and the (defendants) may file their answer at the same time); the opposing party will have until 11/23/2010 to respond; and the moving party will have until 12/6/2010 to file any Reply."

http://thehill.com/blogs/healthwatch/health-reform-implementation/124289-florida-judge-fight-against-insurance-mandate-can-proceed