Editor’s Note – Are you telling me that not all judges are activists that want to legislate from the bench?
In what can be seen as a positive move, this case will be allowed to proceed. For now. Along with multiple efforts around the country, there is still hope that Obamacare will be ruled unconstitutional.
Stay tuned, this is far from over!
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Florida Judge: Fight Against Insurance Mandate Can Proceed
By Julian Pecquet
TheHill.comA federal judge in Florida on Thursday ruled that challenges to the healthcare reform law’s individual mandate and its Medicaid expansion can proceed.
The widely expected ruling does not mean that Florida Northern District Senior Judge Roger Vinson agrees that the law is unconstitutional, only that the arguments against it can’t be dismissed out of hand as the Obama administration had requested. Vinson threw out four other counts having to do with taxation and requiring states to enforce the law.
Attorney General Bill McCollum’s lawsuit, filed the same day that President Obama signed health reform into law, is the main legal challenge to the Democrats’ signature domestic achievement. Challengers include 20 states and the National Federation of Independent Business.
The controversial mandate is central for the law to function because without it private insurers say they’d go broke if they had to follow the new law’s requirements on covering sick people.
Other federal judges have already issued divergent rulings, however, making it difficult to know what to expect as the case moves foward.
Last Thursday, a federal district judge in Michigan upheld the mandate’s constitutionality in a separate lawsuit.
The conservative Thomas More Law Center and four individuals had sued the White House over the mandate, arguing that it violates the commerce clause of the Constitution.
But Detroit-based U.S. District Judge George Caram Steeh disagreed, finding that the mandate does not constitute “an improperly apportioned direct tax.”
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