Ruling Expected Today in Florida Case

10/14/10

By Hadley Heath

Plaintiffs in State of Florida v. Department of Health and Human Services anxiously await a ruling today on the Defendants' Motion to Dismiss.  Judge Roger Vinson heard oral arguments in the case on September 14, and today is the self-imposed deadline for his formal ruling to be filed.

Various claims against the statue will be argued on December 16, although one or more might be dismissed in today's ruling. 

The Complaint explains six counts against the Defendants.  The Plaintiffs challenge:

1.       The law's individual mandate as a violation of Article I and the 9th and 10th Amendments

2.       The law's individual mandate as a violation of the 5th Amendment

3.       The law’s unapportioned capitation or direct tax as a violation of Article I and the 9th and 10th Amendments

4.       The law’s coercion and commandeering as to Medicaid as a violation of Article I and the 9th and 10th Amendments

5.       The law’s coercion and commandeering as to health care insurance as a violation of Article I and the 9th and 10th Amendments

6.       The law’s interference with states’ sovereignty as employers and performance of government functions as a violation of Article I and the 9th and 10th Amendments.

Stay tuned to the Constitutionality Corner for Judge Vinson's ruling today.  We will be here with breaking news about which parts of the case are moving forward.

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