Skip to comments.Judge to speed federal health care challenge
Posted on 04/14/2010 11:15:44 AM PDT by ForGod'sSake
A federal judge intends to fast track a lawsuit by at least 18 states that seeks to overturn President Barack Obama's health care overhaul, he told attorneys Wednesday.
But filing deadlines and hearing dates set by U.S. District Judge Roger Vinson at the scheduling conference could stretch into November depending on his rulings and the time taken by states and the U.S. Department of Justice to respond.
Wednesday's hour-long court session was the first hearing in the lawsuit that was filed in federal court in Pensacola by Florida Attorney General Bill McCollum minutes after Obama signed his 10-year, $938-billion health care bill into law.
(Excerpt) Read more at chron.com ...
Please ~ping~ me to articles relating to the 10th Amendment/States Rights so I can engage the pinger.
I've stopped monitoring threads and unilaterally adding names to the ping list, so if you want on or off the list just say so.
Tenth Amendment Chronicles Thread
Tenth Amendment Center
The Right Side of Life/State Initiatives
Firearms Freedom Act
Health Care Nullification
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Lets see: Alabama, Colorado, Florida, Michigan, Idaho, Louisiana, Nebraska, Pennsylvania, South Carolina, South Dakota, Texas, Utah and Washington joined the original suit. Additionally, Arizona, Georgia, Indiana, Mississippi, Nevada and North Dakota have since decided to join the suit.
I got 19 here. What is the actual count and who are they? What other States are talking but not filing yet? (not the dems who said they would not.)
who’s got the dope on Judge Roger Vincent?
The Old Dominion. Virginia decided to go at it in a separate way.
I understand that their AG has argued in front of the SCOTUS before and is good at it.
So these cases are all citing the same ground (i.e., 10th Amendment), while Virginia is citing a different ground (i.e., Commerce Clause)?
He was nominated to the federal bench by President Ronald Reagan on September 9, 1983 to a seat vacated by Lynn C. Higby, was confirmed by the Senate on October 4, and received his commission a day later. Among the notable cases he has presided over:
Four defendants of abortion clinic bombing, 1985
Escambia County, Florida ordinance banning The Last Temptation of Christ, 1988
Shoney’s $134 million race discrimination settlement, 1993
Paul Jennings Hill (federal Clinic Access Law charges), 1994
No details provided on his rulings in those cases.
Ian Heath Gershengorn, an attorney for the Department of Justice, said the federal government will file a motion to dismiss the lawsuit saying the court does not have the jurisdictional authority to overturn the law.
“We feel there is a strong basis for a motion to dismiss,” he said.
Notice these Obamaturds can’t argue the Constitutional merits of the case because there are none. Instead they try to get it thrown out on a technicality, just like the Regime leader’s birth certificate fiasco.
What is the status of Mark Levin’s Landmark Legal lawsuit?
Virginia has filed a separate suit, so, 20. Missouri's Lt Gov will likely find a way to join but is being thwarted by Dims in the State Capitol. I'm not aware of any other States presently considering joining this suit or filing on their own, but there's a lot to keep up with. There are also quite a few private and individual suits against obamacare which I'm not making an effort to track.
I dont know exactly how they intend to do it. But I know they intend to use another route to argue it. I do know this.
At the Tea Party at Escanaba Mi last week the AG of MI spoke and he said there were 20 involved. I do not know who or what but I thought that one was to join VA in their suit.
The more the better and the more ways the better. Hit em from all angles.
I wonder where Tenn and Kentucky are. Oklahoma? Kansas?
I haven't been following it but some of his faithful can probably add more.
Now, I haven't eaten today and I'm gonna go whip up something to quiet the rumblings. ;^)
You got that right. I’ve been told that there are in excess of 100 separate lawsuits being filed. That is aside the states which hold the most power in the suits.
VA or VA AG Ken Cuccinelli went through N VA district court aka the Rocket Docket which may be the fastest way to SCOTUS. He will have to also go through the Court of Appeals in Richmond. This may be the fastest track.
McCollum went through NW FL district in Pensacola which has lots of military and is a very conservative area. I think the Court of Appeals for that district is in Atlanta. Florida may prove to be faster than VA while the VA court of appeals may be faster than Atlanta.
Ken Cuccinelli and Bill McCollum are good guys. Ken C is very conservative.
Now for a few more.
Fast track Nov 2010? I think VA’s AG Ken C thinks it may clear the VA District court by this summer in that case.
Didn’t mean to interrupt your breakfast. :) It was more of a question for the general FR population. I’d look it up myself but I can’t get to Levin’s or LL’s website from work.
WELL I HOPE THEY TRUELY DO ‘FAST TRACK’ IT BECASUE THE LIFE’S OF ARE GRAND-MA’S DEPENDS ON IT. I THINK THE OBAMA-BOT’S ARE CHOMPING AT THE BID TO START UP THE DEATH PANEL’S AND START ‘SAVING TAXPAYER DOLLARS’ BY EXTERMANATING THOSE OLD ONE’S NEAR AND DEAR TO US, SO THE SOONER WE CAN REPEAL THIS BILL, THE BETTER
In Kansas, thanks to the GOP ruining the state budget by cutting taxes at the top of the business cycle last time around, we’ve got ‘RATs in charge of the executive branch, so unless the Legislature finds a way to file suit or force the executive to bend to its will, we’re out.
I hope at very least some of our legislators will file amicus briefs in support of both the multi-state and Virginia suits.
I was there and found Mike Cox’s presentation hopeful.
Tennessee’s AG is a demwit, with a demwit gov. He won’t bring suit.
And three or four democrat governors have or have threatened to sue their attorneys general for bringing this suit.
That's what I recall as well. There's supposed to be something through the district court in Virginia called the "rocket docket" and we can hope it lives up to its name. The fact that Virginia's suit and the multi-state suit filed in Florida are approaching it from two different angles might be interesting to watch. Winning either would be a major upset for the libtards; winning both could set the country on a new course IF we can get conservatives we send to DC to stay away from the Potomac Koolaid.
There are other States making noises through various means and venues. Pubbie controlled legislatures are trying to force some State AG's hand. One, in the case of Missouri's Lt Gov(R) is trying to do a workaround in a Dim controlled environment. Mississippi and Georgia governors are going around their Dim AG's for some examples. So, there's still a chance Tennessee could get involved. Might try rattling some cages in the State House.
We are moving a Health Care Freedom Act through the legislature. Our State Supreme Court elects our AG so I’ve been told..it’s rat controlled, but we change governors this NOV. It’s shaking down to US Rep Zack Wamp and Lt. Gov Ron Ramsey, both R, the third is a RINO from Knoxville, multi-millionaire Bill Halsem. Can’t even tell you who the demwits are as they are not a consideration to me.
I don't know the makeup of your legislature but if they can get the Healthcare Freedom Act passed it may be the best that can be hoped for under the circumstances. Just curious if you know, what influence if any does Tennessee's own brand of obamacare have on the equation?
Cant even tell you who the demwits are as they are not a consideration to me.
As another Freeper posted on another thread, it may be something that can be used to beat the Dims over the head come November since they weren't interested in protecting the citizens of Tennessee against the federal leviathan. I suppose it depends on what kind of momentum develops between now and then...
It's an excellent question that has been asked several times on these threads. I don't have an answer and I don't recall reading anything definitive. The most plausible answer(s) seems to deal with the venue and/or makeup of the respective courts involved. The speed with which it could make it to the SCOTUS in the case of Virginia's "rocket docket". I presume a sympathetic court in the panhandle of Florida could potentially yield some favorable results, not the least of which could be a preliminary injunction, stopping obamacare dead in its tracks. It could also be a matter of protocol, that is, don't bypass a potential friend in the lower courts. It could come back to bite 'em in the keister. OR, none of the above. ;^)
A shame. Looks like Tennessee conservatives have their work cut out for ‘em. Send the Dims on extended vacation.