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Notice of Hearing April 14 Health Care Lawsuit
Scribd ^ | 3/29/2010 | WILLIAM M. McCOOL, CLERK OF COURT

Posted on 03/29/2010 8:20:39 PM PDT by Elderberry

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To: Frantzie
Florida hates ObamaCare

It's not as if they would be hit hard by the many doctors retiring there, bringing with them their retirement spending and increasing the population's average age. Oops, no, we just might have a strongly countervaling influence on that average age question after Commiecare kicks in with full effect!

The nerve of these Floridians battling against increased state sales tax revenue, reduced health care costs, reductions in the population's average age!   /sarc

HF

21 posted on 03/29/2010 9:24:40 PM PDT by holden
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To: Elderberry
And it doesn’t look like they have requested an emergency injunction yet.

I did notice in the complaint the States were asking for "declaratory and injunctive" relief. Not being a legal eagle, I don't know what that means. When going back to read it within context, I wasn't able to find it again. Still looking.

22 posted on 03/29/2010 9:28:42 PM PDT by ForGod'sSake (You have just two choices: SUBMIT or RESIST with everything you've got!)
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To: ForGod'sSake

Not a legal eagle, either, but it appears to be the asking the courts for a “cease and desist” on the law, as there is a ton of money at stake.


23 posted on 03/29/2010 9:32:54 PM PDT by TheWriterTX (-)
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To: TheWriterTX
...but it appears to be the asking the courts for a “cease and desist” on the law...

Missed that; not that I would necessarily know what it means either.

From paragraph 9 on page 6:

9. Plaintiffs seek declaratory and injunctive relief against the Act’s operation to preserve their respective sovereignty and solvency, and to protect the individual freedom, public health, and welfare of their citizens and residents.

24 posted on 03/29/2010 9:37:38 PM PDT by ForGod'sSake (You have just two choices: SUBMIT or RESIST with everything you've got!)
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To: ForGod'sSake

Yup. Just saw they are asking for declare and injunct relief. Injunction.

I was impressed that they hit quite few parts of the law. Not just forcing a citizen to buy insurance and pay a tax but the burdens it puts on the states and their budgets.


25 posted on 03/29/2010 9:40:27 PM PDT by Frantzie (McCain=Obama's friend. McCain called AMERICANS against amnesty - "racists")
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To: Frantzie
I was impressed that they hit quite few parts of the law.

The "shotgun" approach! Good idea to cover all the bases up front I suppose. Better chance of hitting on somehting that will blow it out of the water.

26 posted on 03/29/2010 9:45:09 PM PDT by ForGod'sSake (You have just two choices: SUBMIT or RESIST with everything you've got!)
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To: Elderberry

YES! Go Florida et al!


27 posted on 03/29/2010 9:58:07 PM PDT by vrwc1
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bfl


28 posted on 03/29/2010 10:03:54 PM PDT by shield (A wise man's heart is at his RIGHT hand;but a fool's heart at his LEFT. Ecc 10:2)
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To: ForGod'sSake

declaratory is to declare the statute invalid for legal reasons to be stated and is faster than some other procedures (but not really); and injunctive is to stop it from operating pending the decision, but there needs to be initial paper work filed to request the immediate injunction to do that, and I haven’t seen the papers.


29 posted on 03/29/2010 10:09:29 PM PDT by LachlanMinnesota
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To: LachlanMinnesota
...and injunctive is to stop it from operating pending the decision, but there needs to be initial paper work filed to request the immediate injunction to do that, and I haven’t seen the papers.

Uh huh! So have the States dropped the ball on emergency or immediate injunctive relief? Or can it be filed somewhere along the way during the process?

30 posted on 03/29/2010 10:26:52 PM PDT by ForGod'sSake (You have just two choices: SUBMIT or RESIST with everything you've got!)
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To: farlander
Almost one wishes it could be expedited to the SCOTUS asap.

I thought the SCOTUS had original jurisdiction in matters concerning the States and the Federal Government.

31 posted on 03/29/2010 11:01:26 PM PDT by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing.)
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To: ForGod'sSake
Double WOW....heck Triple WOW and then some.

The states are playing hard ball!!!

Good for them!! Time to rock and roll!!!

32 posted on 03/29/2010 11:43:45 PM PDT by caww
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To: caww

Some day I expect to hear, “As goes Florida, so does the country.” Instead of Caliguafornia!


33 posted on 03/30/2010 12:18:31 AM PDT by DISCO
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To: DISCO

hummmmm.....don’t think so....too many illegals of another nature there...we are getting surrounded you know!


34 posted on 03/30/2010 1:01:52 AM PDT by caww
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To: DISCO

Might not be a bad idea since the seniors there have got more brains in their little fingers than the whole population of California......if this nation’s course is going to turn we will need them more than ever before.

I taught my sons to tap the brains of the elderly because therein lays the real purposes of life, and volumes of information...a gold mine computers can never afford...now they are adults they continue to do so and said one of the best pieces of advice I ever gave them.


35 posted on 03/30/2010 1:11:54 AM PDT by caww
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To: ForGod'sSake
Yes that is the critical hope, a prelim injunction. That and its continued effect by the appeals court would allow enough time for the GOP-Tea Party coalition to take back Congress and defund Obamacare while waiting to be heard by the Supreme Court.

But unfortunately there is a chance that Obamacare can survive court challenge because of precedent set by Social Security challenges in the 1930s. Social Security was ruled constitutional because it was argued in court to be a tax and under the 16th Amendment this tax was authorized.

Therefore, should the worst nightmare occur and Obamacare survive court challenge, the momentum must shift to repealing the 16th, and in fact that should be the case in any event.

http://online.wsj.com/article/SB124044199838345461.html

36 posted on 03/30/2010 2:25:34 AM PDT by Hostage
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To: ForGod'sSake; Elderberry; LachlanMinnesota
Injunctive relief is in here. Don't know what "emergency injunction" is unless you're talking about a Temporary Restraining Order. To get that, they would have to show that immediate and irreparable harm that couldn’t wait until the court hears the arguments for an injunction. Not sure they'll get the TRO becasue I don't think anything on this bill has kicked in yet.

Did you count the states? 13 states on this lawsuit. Maybe our new U.S.A.

37 posted on 03/30/2010 3:29:19 AM PDT by Jim W N
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To: Jim 0216

Yup, 13, just like the original colonies.


38 posted on 03/30/2010 3:51:49 AM PDT by tgusa (Investment plan: blued steel, brass, lead)
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To: Elderberry

Reagan appointee or not, I can see this being punted for jurisdictional reasons, although IANAL.


39 posted on 03/30/2010 4:32:25 AM PDT by RightOnTheLeftCoast (Obama: running for re-election in '12 or running for Mahdi now? [http://en.wikipedia.org/wiki/Mahdi])
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To: Elderberry

The DemocRats will lose this case before the eyes of the American people. The health care bill is unconstitutional as is the President who is not a natural born citizen of the U.S.


40 posted on 03/30/2010 4:55:00 AM PDT by real_patriotic_american
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