Post by jeffolie on Oct 14, 2010 15:25:30 GMT -6
Judge lets states' healthcare suit go forward
MIAMI (Reuters) - U.S. states can proceed with a lawsuit seeking to overturn President Barack Obama's landmark healthcare reform law, a Florida judge ruled on Thursday.
U.S. District Judge Roger Vinson had already indicated at a hearing last month that he could not uphold parts of a motion by the Justice Department to dismiss the lawsuit, led by Florida and 19 other states.
"In this order, I have not attempted to determine whether the line between constitutional and extraconstitutional government has been crossed," Vinson, of the U.S. District Court for the Northern District of Florida, wrote in his ruling.
"I am only saying that ... the plaintiffs have at least stated a plausible claim that the line has been crossed," Vinson said.
Opponents of Obama's overhaul of the $2.5 trillion U.S. healthcare system have said it violates the Constitution by imposing what they consider unlawful taxes and requiring citizens to obtain healthcare coverage, among other issues.
Vinson dismissed four of six claims the states brought against the healthcare law but said he saw grounds to proceed on two counts, including one relating to the way critics say it would force huge new spending by state governments.
"There is a widely recognized need to improve our healthcare system. How to accomplish that is quite controversial," Vinson said.
The suit was originally filed in March by mostly Republican state attorneys general. An adverse ruling in the case would be a major setback for the White House, which has made healthcare reform a cornerstone of its domestic agenda.
"LIBERTY IN JEOPARDY"
In his formal ruling, Vinson said the case would continue as scheduled. He had previously set a hearing for December 16.
"This ruling is a victory for the states, small businesses and the American people," Florida Attorney General Bill McCollum said.
"This decision is a recognition that Congress has never gone this far and that the constitutional arguments have real merit," Utah Republican Senator Orrin Hatch said.
The challenge being heard by Vinson is one of many against the healthcare reform law, which Obama administration officials have insisted is constitutional and necessary to stem huge projected increases in healthcare expenses.
There is a hearing in Virginia on Monday on the merits of a separate suit against the healthcare overhaul.
On October 7, a Michigan District Court judge upheld a key part of Obama's healthcare law that requires Americans to obtain coverage, rejecting a challenge by a conservative interest group.
www.reuters.com/article/idUSTRE69D5CO20101014
MIAMI (Reuters) - U.S. states can proceed with a lawsuit seeking to overturn President Barack Obama's landmark healthcare reform law, a Florida judge ruled on Thursday.
U.S. District Judge Roger Vinson had already indicated at a hearing last month that he could not uphold parts of a motion by the Justice Department to dismiss the lawsuit, led by Florida and 19 other states.
"In this order, I have not attempted to determine whether the line between constitutional and extraconstitutional government has been crossed," Vinson, of the U.S. District Court for the Northern District of Florida, wrote in his ruling.
"I am only saying that ... the plaintiffs have at least stated a plausible claim that the line has been crossed," Vinson said.
Opponents of Obama's overhaul of the $2.5 trillion U.S. healthcare system have said it violates the Constitution by imposing what they consider unlawful taxes and requiring citizens to obtain healthcare coverage, among other issues.
Vinson dismissed four of six claims the states brought against the healthcare law but said he saw grounds to proceed on two counts, including one relating to the way critics say it would force huge new spending by state governments.
"There is a widely recognized need to improve our healthcare system. How to accomplish that is quite controversial," Vinson said.
The suit was originally filed in March by mostly Republican state attorneys general. An adverse ruling in the case would be a major setback for the White House, which has made healthcare reform a cornerstone of its domestic agenda.
"LIBERTY IN JEOPARDY"
In his formal ruling, Vinson said the case would continue as scheduled. He had previously set a hearing for December 16.
"This ruling is a victory for the states, small businesses and the American people," Florida Attorney General Bill McCollum said.
"This decision is a recognition that Congress has never gone this far and that the constitutional arguments have real merit," Utah Republican Senator Orrin Hatch said.
The challenge being heard by Vinson is one of many against the healthcare reform law, which Obama administration officials have insisted is constitutional and necessary to stem huge projected increases in healthcare expenses.
There is a hearing in Virginia on Monday on the merits of a separate suit against the healthcare overhaul.
On October 7, a Michigan District Court judge upheld a key part of Obama's healthcare law that requires Americans to obtain coverage, rejecting a challenge by a conservative interest group.
www.reuters.com/article/idUSTRE69D5CO20101014