Florida Judge signals he will likely allow some parts of states' health law challenge to proceed

Sep 15 2010

Bloomberg: "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. He told lawyers he would probably dismiss part of the suit, while allowing other claims to proceed." The states involved in the lawsuit maintain that the federal government's "requirement that people buy health insurance" goes beyond Congress' constitutional powers. The "U.S. counters that the 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" (McQuillen and Escobedo, 9/14).

Pensacola News Journal: "Vinson said he ... would allow the lawsuit to proceed under at least one count. The judge did not say which portions of the bill will be upheld and which he will strike down." Oral arguments on summary judgements are set for Dec. 16. Florida Attorney General Bill McCollum, who filed the suit minutes after the health overhaul was signed into law, "was at today's hearing. Flanked by his counterparts from other states, McCollum spoke to supporters and media afterward. They predicted that an initial ruling would be issued before the end of the year, but that the case would ultimately end up before the Supreme Court" (Wernowsky, 9/14).

Palm Beach Post: "Arguments in similar lawsuit filed by the state of Virginia will be heard in federal court in Richmond on Oct. 18" (Singer, 9/14).