Florida Judges Rejects Motion to Dismiss

[Crabcake Johnny]

Grab a bag of popcorn:

Judge rejects motion to dismiss lawsuit against health care law - CNN.com

"The ruling by Senior U.S. District Judge Roger Vinson means the lawsuit filed by attorneys general from Florida and 19 other states can proceed on questions of whether the health care law is constitutional in requiring citizens to obtain health care coverage or face financial penalties, as well as forcing states to expand Medicaid."

 

[stuy119]

Nice. Very nice.

And ugly. This could be interesting.

 

[jbage007]

He actually called the Govt's defense of the law an "Alice in Wonderland" Defense.

Another link

This was the "defense" in which the Gov't argued - it's a tax!

No, stupid, it's not a tax, said the Judge. And because it's not a tax, it must pass muster under the commerce clause, not the taxing clause.

duh.

 

[xrac]

No. 128 The Obamacare Disaster - by Peter Ferrara - Policy Studies

 

[669comche]

This is gonna be one hell of a show!

Is anyone offering odds on the outcome of this??

 

[InsureGuy5]

Yep, the whole regulating interstate commerce argument may not hold a lot of water with most judges. This will get interesting.

The elections will make a difference as well. It is unlikely that the right will fund this legislation.

 

[Crabcake Johnny]

I think the best reference would be previous major legislation that was later ruled unconstitutional. I'm sure there are recent examples - anyone?

 

[HealthGuy]

Is there silence here to John's question?????

 

[Crabcake Johnny]

I would imagine the first thing the Obama administration did - knowing full well the states would sue - would be to call in a few former federal judges and run it all by them. Pretty sure that was done.

In answer to my own question; major recent legislation (past 20 years) that was later ruled unconstitutional? Coming up with a goose egg.

 

[HealthGuy]

I really hope somebody here (Winter, Somaro, Chumps, Rick) would state an arguement that would prove John wrong. I am waiting for the college try.