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U.S. Judge Says Challenge to Obama Health-Care Law Will `Probably' Proceed

Crunch

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A legal challenge to the health- care overhaul signed by President Barack Obama probably will be allowed to proceed, said a federal judge in Florida.

U.S. District Judge Roger Vinson in Pensacola said today he will make a decision by Oct. 14 on whether the states have jurisdiction to sue. Sympathizing with the claims of the states, Vinson told lawyers he would probably dismiss part of the suit, while allowing other claims to proceed.

“The states are left almost powerless to affect Congress,” Vinson said. “It’s enforced upon them whether they like it or not.”

The states allege the government’s requirement that people buy health insurance exceeds congressional powers under the Constitution, while the U.S. counters that provision is allowed under its commerce powers because of the billions of dollars a year in unpaid medical bills absorbed by the market each year.

The Justice Department claims the lawsuit is premature and fails to identify any injury the states have suffered.

Any injuries to state budgets fall short of the imminent harm required to bring a claim, the U.S. argued before Vinson.

“The state is free to disagree with the policy judgment of Congress,” said Ira Gershengorn, an attorney for the U.S. “It is not free to overturn 75 or 100 years of constitutional law.”

‘Unprecedented Intrusion’

Florida Assistant Attorney General Blaine Winship told Vinson the “the law is an unprecedented intrusion on the sovereignty of states and the liberty of their citizens.”

A federal judge in Richmond, Virginia, last month allowed a similar lawsuit brought by that state to proceed, rejecting the federal government’s motion to dismiss the claim. He scheduled an Oct. 18 hearing for further arguments.

Joining Florida in the suit were Alabama, Alaska, Arizona, Colorado, Georgia, Idaho, Indiana, Louisiana, Michigan, Mississippi, Nebraska, Nevada, North Dakota, Pennsylvania, South Carolina, South Dakota, Texas, Utah and Washington. The National Federation of Independent Business, a small-business lobbying group, also joined Florida’s lawsuit.
U.S. Judge Says Challenge to Obama Health-Care Law Will `Probably' Proceed - Bloomberg

This is good news, but I'll believe it when I see it. My bet is that it will have to be decided by the Supremes, and by that time it will have already been de-funded and then repealed.
 

Councilman

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I originally posted this earlier today but it was moved to the General Discussion area. So I"m re-posting it here.

This may turn out to be good enough news to help stimulate the stock market because it will keep aa number of costs and taxes from taking place if this disaster is overturned. Keep your fingers crossed.


http://http://www.newsmax.com/Newsfr...mo_code=ABC9-1

Monday, 13 Sep 2010 08:11 PM

By: David A. Patten

All eyes will be focused on a Pensacola, Fla., courtroom Tuesday as Justice Department lawyers try to convince a federal district court judge to throw out a lawsuit by 20 states alleging that President Obama's healthcare reforms are unconstitutional.

Leading the multistate lawsuit is Florida Attorney General Bill McCollum, a Republican.

The Obama administration has claimed that the states have no legal standing to bring their legal action.

The central issue in the hearing: whether the states are legally empowered to challenge the fines in the individual mandate that gives Obamacare its bite.

In an exclusive Newsmax.TV interview, McCollum says the federal government has exceeded its constitutional authority.

"We are arguing that it's unconstitutional for the federal government to tell you, if you are just sitting in front of your TV set, or doing nothing in the way of real economic activity, that you have to buy a health insurance policy or pay a penalty," McCollum tells Newsmax.

"That's just not in the Constitution," he adds. "The Founding Fathers didn't enumerate any powers that appear to us to give them the right right to say this."
 
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