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U.S. states can proceed with their lawsuit seeking to overturn Obamacare
reuters ^

Posted on 10/14/2010 2:11:21 PM PDT by keep your powder dry

(full title, had to shorten) U.S. states can proceed with their lawsuit seeking to overturn ObamacarePresident 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 extra-constitutional government has been crossed," Vinson, of the U.S. District Court for the Northern District of Florida, wrote in his ruling.

Opponents of Obama's overhaul of the $2.5 trillion U.S. healthcare system have said it violates the Constitution by imposing, for example, unlawful taxes and requiring citizens to obtain coverage, among other issues.

"I am only saying that ... the plaintiffs have at least stated a plausible claim that the line has been crossed," Vinson said.

The suit was originally filed in March by mostly Republican state attorneys general.

In his formal ruling on Thursday, Vinson said the case would continue as scheduled. He had previously set a hearing for December 16.

(Excerpt) Read more at reuters.com ...


TOPICS: Business/Economy; Constitution/Conservatism; Culture/Society; Government
KEYWORDS: democrats; lawsuit; obama; obamacare

1 posted on 10/14/2010 2:11:27 PM PDT by keep your powder dry
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To: keep your powder dry

Good. Let’s hope the courts throw out Obamacare. It will take another election cycle to do away with it all together.


2 posted on 10/14/2010 2:17:09 PM PDT by Parley Baer
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To: keep your powder dry

What parts of the suit did the judge dismiss?


3 posted on 10/14/2010 2:17:42 PM PDT by rushmom
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To: keep your powder dry

“Legal analysts say there is a good possibility the matter will reach the U.S. Supreme Court, but most say there is only a slim chance the states would prevail.”

If the ‘legal analysts’ are correct, this would mean we are all subject to any fiat demand by the government in Washington DC. There are no rights when the government can mandate anything be done or demand anything that can be extracted.

Nothing is left but dictators and subjects.


4 posted on 10/14/2010 2:20:35 PM PDT by Psalm 144
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To: keep your powder dry

Judge lets states’ healthcare suit go forward

(title)


5 posted on 10/14/2010 2:21:33 PM PDT by samtheman
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To: keep your powder dry

Let the games begin!


6 posted on 10/14/2010 2:28:43 PM PDT by AngelesCrestHighway
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To: keep your powder dry

Rosespecs


7 posted on 10/14/2010 2:28:48 PM PDT by FrankR (You are only obligated to obama to the extent you accept his handouts.)
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To: rushmom

What parts of the suit did the judge dismiss?

This illustrates a profound lack of intellectual curiosity by the Leftist media. Many are following this story very closely.

I certainly hope that the individual mandate can go forward. I believe that the VA case will have a ruling on 10/18.

Basically, if we cannot repeal or get 0bamacare declared unconstitutional, a convention must be given strong consideration. A convention would need to be limited in scope to be feasible.


8 posted on 10/14/2010 2:39:51 PM PDT by grumpygresh (Democrats delenda est)
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To: keep your powder dry

Things to consider:

I’ve been thinking about this report on the Judge’s decision regarding the Health Care Lawsuit brought by various Attorneys General throughout the US.

Something that folks are not considering is the importance of this Election cycle and the Heath Care Lawsuit.

If people in a State vote for the Democrat candidate for Governor this year, will that candidate direct his or her Attorney General to drop their support for the lawsuit?

Will a Democrat winner of an election for Attorney General support the lawsuit, or will they drop any support their predecessor has had for it?

If a Democrat wins the race in your district for the State Legislature, will he or she vote to de-fund the AG’s Lawsuit?

Thinking of Florida, where this ruling was made, what will Alex Sink do regarding the Health Care lawsuit, should she win her race for Governor?

Are you considering not voting because your candidate lost in the primary?

Something to consider.


9 posted on 10/14/2010 2:40:42 PM PDT by Palmetto Patriot (Nov. 2, 2010, Circle the Date)
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To: keep your powder dry

Alright!
An honest judge!


10 posted on 10/14/2010 2:42:22 PM PDT by PATRIOT1876 (Language, Borders, Culture, Full employment for those here legally)
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To: keep your powder dry

Alright!
An honest judge!


11 posted on 10/14/2010 2:42:36 PM PDT by PATRIOT1876 (Language, Borders, Culture, Full employment for those here legally)
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To: Psalm 144

That’s why there has to be a political decision, not a court decision. The people have to put fear into the politicians bigtime.


12 posted on 10/14/2010 2:49:20 PM PDT by goldi (')
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To: goldi

See my post, #9.


13 posted on 10/14/2010 3:14:01 PM PDT by Palmetto Patriot (Nov. 2, 2010, Circle the Date)
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