Judge Rules Lawsuit Against Abortion-Funding ObamaCare Law Can Proceed
by Steven Ertelt
October 14, 2010
Washington, DC (LifeNews.com) — A federal judge in Florida issued a ruling today saying the lawsuit more than 20 states have filed against the ObamaCare health care law, that allows abortion funding, can proceed. The judge ruled that parts of the lawsuit can go to trial and his decision came after a Michigan threw out a similar lawsuit last week.
But, this decision joins a similar decision by a federal court in Virginia, which also allowed a third lawsuit to move ahead.
U.S. District Judge Roger Vinson issued a written ruling saying the court needs to issue a decision on the question of whether or not it is a violation of the Constitution to force Americans to purchase health care insurance.
He will hold a hearing on December 16 on the question, though he ultimate decision will ultimately wind up before the Supreme Court.
The key component of the decision Vinson issued concerns the individual mandate, and he appears sympathetic to those who oppose it, thus opposing the entire law.
"At this stage in the litigation, this is not even a close call But, in this case we are dealing with something very different. The individual mandate applies across the board. People have no choice and there is no way to avoid it," he wrote. "Those who fall under the individual mandate either comply with it, or they are penalized. It is not based on an activity that they make the choice to undertake."
"Of course, to say that something is novel and unprecedented does not necessarily mean that it is unconstitutional and improper. There may be a first time for anything. But, at this stage of the case, the plaintiffs have most definitely stated a plausible claim with respect to this cause of action," he said.
Florida Attorney General Bill McCollum, who is pro-life and the lead state attorney general who filed the case that many other states latched onto, praised the ruling in a statement.
"It is the first step to having the individual mandate declared unconstitutional and upholding state sovereignty in our federal system," McCollum said.
Vinson’s ruling comes a week after Michigan District Judge George Caram Steeh in Detroit ruled in another case that the mandate to get insurance by 2014 and the penalties states face for not implementing ObamaCare fully are legal.
A third lawsuit filed against ObamaCare is pending in Virginia, where a federal judge says it can continue.
Wesley J. Smith, a bioethics attorney who has been concerned about the rationing aspects of the ObamaCare law, reviewed Judge Vinson’s written decision.
"Its a well reasoned and carefully thought out ruling," he said. "The big enchilada, of course, is whether the individual mandate imposed on all of us to buy insurance if we are not otherwise covered exceeds the power of the Federal Government under the Commerce Clause. The Court ruled — and this is huge — that the challenge may go forward."
"This case is going to trial, and all of these cases are heading to the Supreme Court of the United States. If I were to lay a bet on the ultimate outcome, I would say Obamacares mandatory purchase mandate falls on a 5-4 or 6-3 vote," Smith concluded.
Alabama, Alaska, Arizona, Colorado, Georgia, Indiana, Idaho, Louisiana, Michigan, Mississippi, Nebraska, Nevada, North Dakota, Pennsylvania, South Carolina, South Dakota, Texas, Utah and Washington joined Florida in the lawsuit decided on today.
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