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Judge to speed federal health care challenge
Houston Comical ^ | April 14, 2010 | MELISSA NELSON

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 ...


TOPICS: Front Page News; News/Current Events
KEYWORDS: 10thamendment; obamacare; statesrights
An update on the multi-state suit against obamacare.
1 posted on 04/14/2010 11:15:44 AM PDT by ForGod'sSake
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To: 17th Miss Regt; 2001convSVT; 2ndDivisionVet; A_Former_Democrat; A_Tradition_Continues; ...
Judge to "fast track" States' suit against socialized medicine brought to you by the federal leviathan.




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.

Additional Resources:

Tenth Amendment Chronicles Thread
Tenth Amendment Center
The Right Side of Life/State Initiatives
Sovereign States
Firearms Freedom Act
Health Care Nullification

CLICK HERE TO FIND YOUR STATE REPRESENTATIVES

2 posted on 04/14/2010 11:19:45 AM PDT by ForGod'sSake (You have just two choices: SUBMIT or RESIST with everything you've got!)
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To: ForGod'sSake

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.

Read more: http://www.ledger-enquirer.com/2010/04/14/1087033/judge-to-speed-federal-health.html#ixzz0l6GzWjD2

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.)


3 posted on 04/14/2010 11:24:26 AM PDT by K-oneTexas (I'm not a judge and there ain't enough of me to be a jury. (Zell Miller, A National Party No More))
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To: ForGod'sSake

who’s got the dope on Judge Roger Vincent?


4 posted on 04/14/2010 11:27:11 AM PDT by Buckeye McFrog
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To: K-oneTexas

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.


5 posted on 04/14/2010 11:34:44 AM PDT by crz
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To: crz

So these cases are all citing the same ground (i.e., 10th Amendment), while Virginia is citing a different ground (i.e., Commerce Clause)?


6 posted on 04/14/2010 11:36:23 AM PDT by K-oneTexas (I'm not a judge and there ain't enough of me to be a jury. (Zell Miller, A National Party No More))
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To: Buckeye McFrog

From Wiki:

http://en.wikipedia.org/wiki/Roger_Vinson

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[1]
Escambia County, Florida ordinance banning The Last Temptation of Christ, 1988[2]
Shoney’s $134 million race discrimination settlement, 1993[3]
Paul Jennings Hill (federal Clinic Access Law charges), 1994[4]

No details provided on his rulings in those cases.


7 posted on 04/14/2010 11:37:54 AM PDT by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: ForGod'sSake

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.


8 posted on 04/14/2010 11:38:09 AM PDT by NoobRep
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To: ForGod'sSake

What is the status of Mark Levin’s Landmark Legal lawsuit?


9 posted on 04/14/2010 11:39:06 AM PDT by Never on my watch (A Militia is just a community organization)
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To: K-oneTexas
I got 19 here. What is the actual count and who are they?

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.

10 posted on 04/14/2010 11:39:21 AM PDT by ForGod'sSake (You have just two choices: SUBMIT or RESIST with everything you've got!)
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To: K-oneTexas

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.


11 posted on 04/14/2010 11:40:13 AM PDT by crz
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To: K-oneTexas

I wonder where Tenn and Kentucky are. Oklahoma? Kansas?


12 posted on 04/14/2010 11:45:26 AM PDT by crz
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To: Never on my watch
What is the status of Mark Levin’s Landmark Legal lawsuit?

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. ;^)

13 posted on 04/14/2010 11:46:10 AM PDT by ForGod'sSake (You have just two choices: SUBMIT or RESIST with everything you've got!)
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To: ForGod'sSake

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.


14 posted on 04/14/2010 11:47:11 AM PDT by crz
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To: crz

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.


15 posted on 04/14/2010 11:49:14 AM PDT by Frantzie (McCain=Obama's friend. McCain called AMERICANS against amnesty - "racists")
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To: Frantzie

Good deal!

Now for a few more.


16 posted on 04/14/2010 11:50:31 AM PDT by crz
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To: Buckeye McFrog
Judge Roger Vinson appointed by Ronald Reagan in 1983
17 posted on 04/14/2010 11:50:42 AM PDT by Servant of the Cross (the Truth will set you free)
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To: ForGod'sSake

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.


18 posted on 04/14/2010 11:52:25 AM PDT by Frantzie (McCain=Obama's friend. McCain called AMERICANS against amnesty - "racists")
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To: ForGod'sSake

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.


19 posted on 04/14/2010 12:03:20 PM PDT by Never on my watch (A Militia is just a community organization)
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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


20 posted on 04/14/2010 12:07:03 PM PDT by JUST_A_NORMAL_GUY-THE_ORIGINAL
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To: crz

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.


21 posted on 04/14/2010 12:12:22 PM PDT by The_Reader_David (And when they behead your own people in the wars which are to come, then you will know. . .)
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To: ForGod'sSake

22 posted on 04/14/2010 12:12:28 PM PDT by wastedyears (The Founders revolted for less.)
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To: crz

I was there and found Mike Cox’s presentation hopeful.


23 posted on 04/14/2010 12:17:54 PM PDT by mcshot (The nightmare is playing out. America is being conned by ignorance & fraud.)
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To: ForGod'sSake

Tennessee’s AG is a demwit, with a demwit gov. He won’t bring suit.


24 posted on 04/14/2010 1:43:55 PM PDT by GailA (obamacare paid for by cuts & taxes on most vulnerable Veterans, retired Military, disabled & Seniors)
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To: K-oneTexas

And three or four democrat governors have or have threatened to sue their attorneys general for bringing this suit.


25 posted on 04/14/2010 2:14:08 PM PDT by RobinOfKingston (Democrats, the party of evil. Republicans, the party of stupid.)
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To: Frantzie
I think VA’s AG Ken C thinks it may clear the VA District court by this summer in that case.

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.

26 posted on 04/14/2010 3:25:31 PM PDT by ForGod'sSake (You have just two choices: SUBMIT or RESIST with everything you've got!)
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To: GailA
Tennessee’s AG is a demwit, with a demwit gov. He won’t bring suit.

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.

27 posted on 04/14/2010 3:33:41 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

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.


28 posted on 04/14/2010 4:22:14 PM PDT by GailA (obamacare paid for by cuts & taxes on most vulnerable Veterans, retired Military, disabled & Seniors)
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To: ForGod'sSake
I still don't know why this doesn't go straight to the Supremes.

Articel III Sec. 2

In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
29 posted on 04/14/2010 4:50:43 PM PDT by stylin19a (Never buy a putter until you first get a chance to throw it)
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To: GailA
We are moving a Health Care Freedom Act through the legislature.

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?

Can’t 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...

30 posted on 04/14/2010 5:35:21 PM PDT by ForGod'sSake (You have just two choices: SUBMIT or RESIST with everything you've got!)
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To: stylin19a
I still don't know why this doesn't go straight to the Supremes.

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. ;^)

31 posted on 04/14/2010 5:47:26 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
Senate is GOP controlled by 1, House is RAT controlled, and the RAT is called Boss Hogg because that is what he looks and acts like.
32 posted on 04/15/2010 6:17:31 AM PDT by GailA (obamacare paid for by cuts & taxes on most vulnerable Veterans, retired Military, disabled & Seniors)
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To: GailA

A shame. Looks like Tennessee conservatives have their work cut out for ‘em. Send the Dims on extended vacation.


33 posted on 04/15/2010 11:35:12 AM PDT by ForGod'sSake (You have just two choices: SUBMIT or RESIST with everything you've got!)
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