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States' lawsuit challenging federal health-care law can proceed

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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.

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  1. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  2. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  3. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

  4. "The commission will review applications and interview qualified candidates in March and April." Riiiiiight. Would that be the same vaulted process that brought us this result done by "qualified candidates"? http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774 Perhaps a lottery system more like the draft would be better? And let us not limit it to Indiana attorneys so as to give the untainted a fighting chance?

  5. Steal a little, and they put you in jail. Steal a lot, and they make you king. Bob Dylan ala Samuel Johnson. I had a very similar experience trying to hold due process trampling bureaucrats responsible under the law. Consider this quote and commentary:"'When the president does it, that means it is not illegal,' [Richard] Nixon told his interviewer. Those words were largely seen by the American public -- which continued to hold the ex-president in low esteem -- as a symbol of his unbowed arrogance. Most citizens still wanted to believe that no American citizen, not even the president, is above the law." BWHaahaaahaaa!!!! http://www.philly.com/philly/blogs/attytood/When-the-president-does-it-that-means-it-is-not-illegal.html

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