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Judge Rules For Florida's Anti-ObamaCare Lawsuit to Go Forward

By Philip Klein on 10.14.10 @ 3:50PM

A federal judge on Thursday ruled that a lawsuit against the new health care law brought by 20 states led by Florida can go forward.

In a 65-page ruling, the judge rejected the Obama administration's attempt to have the suit thrown out, arguing that the states had a "plausible claim" to challenge the law's constitutionality.

While U.S. District Court Judge Roger Vinson dismissed some of the states' claims, he sided with them when it came to the central challenge to the law -- that forcing individuals to purchase health insurance exceeds the government's authority under the Commerce Clause.

Like a similar ruling in Virginia in August, Vinson's decision will only mean that the case gets to continue because the plaintiffs have legitimate standing. Future court decisions will address the merits of the underlying arguments.

Nonetheless, the decision provides a boost to opponents of the national health care law, and a blow to the administration.

"In denying the government's motion to dismiss the challenge to the individual health insurance mandate, Judge Vinson ruled that ‘the plaintiffs have most definitely stated a plausible claim with respect to this cause of action,'" Georgetown Law professor Randy Barnett said in a statement. "This decision now joins District Judge Henry Hudson's ruling in Virgina refusing to dismiss the challenge to the individual mandate. In both Virginia and Florida we now move to a decision on the merits. Given how well both judges understood the constitutional novelty of imposing economic mandates on the people, there is reason to be cautiously optimistic that they will find the individual insurance mandate to be unconstitutional. But, however the district courts rule on this case, their reception of the arguments made by the state attorneys general foretell that the ultimate decision will be made by the U.S. Supreme Court."

View all comments (10) | Leave a comment

Kasey (type 1 diabetic)| 10.14.10 @ 4:31PM

I really hope this passes in my state. I can not afford health insurance as i am 22 and in college, and no job. It is a VERY frightening thought to think "what if i do not get my insulins next month from my 'FREE' health care clinic (whom can only provide me so many per visit every 3 months)?" They cost so very very much a vial. With this law i can go back to having issuance and paying just a arm and not both a arm and a leg when i need refills. The world is a nasty place for people like myself with a life long illness, this eases that burden on me. (Health care is a privilege not a right from how i am treated, this makes me feel more like a respected citizen, People who fight this act of free health care plan are punching me in the face.)

Warrior| 10.14.10 @ 4:58PM

I sure hope this comment serves as a haymaker squarely on your nose and knocks you into next week. Obviously college is not helping you with spelling, sentence structure and punctuation. If you want to be respected as a citizen, then get a job, get health insurance and pay your own way through life.

wodiej| 10.14.10 @ 5:34PM

Oooh, no kidding. Well said. Wonder how much college Joe spends on leisure activities when he could be working and purchase an employer health care plan.

btw....I went to college and worked full time and bought health insurance. It's called PRIORITIES.

Eric Cartman| 10.14.10 @ 7:32PM

Um, Kasey . . . what the HELL are you talking about? You HOPE it passes in your state? What passes in your state? What college accepted you? The damn bill passed the congress and was signed into law by our Commie- in-Chief, Obama the Magnificent. WOW! You are as dumb as a post . . . um, scratch that . . .dumb as a vtwin.

Diabetics can get their insulin for free if they cannot afford it (my wife did volunteer work for the ADA in Houston - so I know this to be a fact). There are avenues open to you, learn how to use them. You filled out a FASFA for school, right? It's a lot easier than that. Don't be a sniveling dumbass coward like the rest of the Liberals.

However, if you are too stupid to figure it out (your understanding of our law making process leads me to believe you ARE too stupid) then there are volunteers who will take you by your hand and lead you through the process.

WE don't have to destroy the health care system because YOU are too stupid to get the free care offered by, what?, a thousand different agencies, both private and public

Kasey . . . hear me . . . you won't die of diabetes. You will die of stupidity. Pull your head out, man.

Fred| 10.14.10 @ 5:16PM

Under federal law, every state has had to offer insurance for people with pre-existing conditions like diabetes since 1996. So you can get insurance.

With ObamaCare that insulin is going to be more expensive and in tighter supply thanks to the taxes on it. The insurance is going to be more expensive, too.

wodiej| 10.14.10 @ 5:36PM

I was laid off from my job and lost my health care 3 months ago but I STILL DO NOT WANT GOV'T RUN HEALTH CARE. I will tough it out until I regain employment and resume my own coverage paid for out of my own hard earned money. I am not a MOOCH.

Tim*| 10.14.10 @ 5:46PM

Repealing The Obama Health Scam is a Winner Issue .

These Midterm Elections revolve around Unemployment , The Economy And Repealing The Health Scam .

The Tea Party Rebellion Escalates

Rise Up !

william| 10.14.10 @ 6:01PM

our first black president said it would cost less. just like scheval ready jobs last year. dont believe him, he is just another lying black dude southside CHICAGO