Jamesb101.com

commentary on Politics and a little bit of everything else

Florida's legal attack on the New Healthcare Bill…..

[ Attorney General Bill McCollum of Florida, center, is the lead plaintiff in a challenge to the health care law. Mr. McCollum, a candidate for governor, campaigned recently in Pensacola. ]

Lead by Florida’s Attorney general Bill McCollum ( and former Senator….Who is running for Florida Governor )……

The State is challenging the notion that you can be penalized ( a tax penalty ) if you DON’T have Health Insurance, as the new Bill requires……

In the seven weeks since the legislation passed, at least a dozen lawsuits have been filed in federal courts to challenge it, according to the Justice Department. But the case that could carry the most weight, and may be on the fastest track in the most advantageous venue, is the one filed in Pensacola, Fla., by state officials, just minutes after President Obamasigned the bill.

Some legal scholars, including some who normally lean to the left, believe the states have identified the law’s weak spot and devised a credible theory for eviscerating it.

The power of their argument lies in questioning whether Congress can regulate inactivity — in this case by levying a tax penalty on those who do not obtain health insurance. If so, they ask, what would theoretically prevent the government from mandating all manner of acts in the national interest, say regular exercise or buying an American car?

Other experts, however, dismiss the Florida lawsuit as a politically motivated lark at taxpayer expense, and argue that the insurance mandate falls comfortably within Supreme Court precedents. The states, they say, may not even withstand a challenge to their standing to bring the suit, since they are only indirectly affected by the mandate.

The focus of the litigation is the 16-word clause in Article 1, Section 8 of the Constitution that allows Congress to regulate interstate commerce, a provision the court has interpreted broadly but not without boundaries. The lead plaintiff, Attorney General Bill McCollum of Florida, who is running for the Republican nomination for governor, argues that the new law’s historic reach presents the courts with fresh circumstances.

“In the last 50 years or so,” Mr. McCollum said, “other than Brown v. Board, I think the constitutional precedents here will have a greater impact on more people than maybe anything else the court has decided.”

Jonathan Turley, who teaches at George Washington University Law School, said that if forced to bet, he would predict that the courts would uphold the health care law. But Mr. Turley said that the federal government’s case was far from open-and-shut, and that he found the arguments against the mandate compelling. …….

More……..

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May 10, 2010 - Posted by | Blogs, Breaking News, Counterpoints, Government, Healthcare, Law, Media, Men, Other Things, PoliticalDog Calls, Politics, Updates | , ,

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