States' lawsuit challenging federal health-care law can proceed

Back to TopE-mailPrintBookmark and Share

The lawsuit filed by 20 states, including Indiana, challenging the constitutionality of the new federal health-care law can go forward on two counts, a Florida federal judge ruled Thursday.

In a 65-page order, U.S. District Senior Judge Roger Vinson of the Northern District of Florida, Pensacola Division, denied the U.S. Department of Justice’s motion to dismiss regarding two claims: that the individual mandate and concomitant penalty exceed Congress’ authority under the Commerce Clause and violate the Ninth and 10th amendments; and the act coerces the states with respect to Medicaid by altering and expanding the program in violation of the Constitution.

A hearing on the surviving claims is scheduled for Dec. 16.

The judge dismissed the other four claims raised by the states, including that the employer mandate interferes with states’ sovereignty.

“In this order, I have not attempted to determine whether the line between Constitutional and extraconstitutional government has been crossed. That will be decided on the basis of the parties’ expected motions for summary judgment, when I will have the benefit of additional argument and all evidence in the record that may bear on the outstanding issues,” wrote Judge Vinson. “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.”

Indiana Attorney General Greg Zoeller said in a statement he’s pleased the two most important elements of the suit survived and the states hope the United States Supreme Court will take the case to rule on the issues.

“I recognize that due to the recession, many of our fellow Hoosiers struggle without health insurance. But as I have traveled our state, many Hoosiers also have told me this overreaching new federal law tramples on their ‘God-given right to be left alone,’ and they wanted my office to challenge the law in court. I am pleased that the legal work we performed on this challenge was all within our existing office budget approved in 2009, and that we have spent no additional dollars on legal fees or other costs to participate in this case,” he said.


Sponsored by
Subscribe to Indiana Lawyer
  1. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  2. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  3. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  4. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...

  5. Its a valid lawsuit. Since the civil war, States have no rights anyways. Get over it, people! You are all subjects now and merely "citizens of the world" anyways, with human rights and all that. Gov'nor knows that. This is just grandstanding to try and appease the red state troops still smarting over the "Gay rights" shoved down their unwilling throats. Gotta keep them "voting" in the kayfabe elections! After all, since nobody cares about the tens of millions of Mexicans here, what's a few Syrians going to do, anyways? Guess we'll find out! LOL