Failure of Motion to Dismiss

[Eric Johnson]

In the case of

STATE OF FLORIDA, by and through
Bill McCollum, et al.;
Plaintiffs,

v.

UNITED STATES DEPARTMENT OF
HEALTH AND HUMAN SERVICES, et al.,
Defendants.

The preliminary order is in. (Case No.: 3:10-cv-91-RV/EMT)

>>The plaintiffs advance six causes of action in their amended complaint, and
they seek declaratory and injunctive relief with respect to each. They contend that
the Act violates the Constitution in the following ways: (1) the individual mandate
and concomitant penalty exceed Congress’s authority under the Commerce Clause
and violate the Ninth and Tenth Amendments (Count I); (2) the individual mandate
and penalty violate substantive due process under the Fifth Amendment (Count II);
(3) “alternatively,” if the penalty imposed for failing to comply with the individual
mandate is found to be a tax, it is an unconstitutional unapportioned capitation or
direct tax in violation of U.S. Const. art. I, § 9, cl. 4, and the Ninth and Tenth
Amendments (Count III); (4) the Act coerces and commandeers the states with
respect to Medicaid by altering and expanding the program in violation of Article I
and the Ninth and Tenth Amendments (Count IV); (5) it coerces and commandeers
with respect to the health benefit exchanges in violation of Article I and the Ninth
and Tenth Amendments (Count V); and (6) the employer mandate interferes with
the states’ sovereignty as large employers and in the performance of government
functions in violation of Article I and the Ninth and Tenth Amendments (Count VI).
See generally Amended Complaint (“Am. Compl.”)<<

According to Judge Vinson, there are reasonable grounds to proceed to trial on Counts One and Four. This is far from over but the most important count (Count One) has survived a motion for dismissal.

Eric

PS: The order is too large to upload and I can't give you the URL to the site where I got it because it's a subscription site.

[depittydawg]

In the case of

STATE OF FLORIDA, by and through
Bill McCollum, et al.;
Plaintiffs,

v.

UNITED STATES DEPARTMENT OF
HEALTH AND HUMAN SERVICES, et al.,
Defendants.

The preliminary order is in. (Case No.: 3:10-cv-91-RV/EMT)

>>The plaintiffs advance six causes of action in their amended complaint, and
they seek declaratory and injunctive relief with respect to each. They contend that
the Act violates the Constitution in the following ways: (1) the individual mandate
and concomitant penalty exceed Congress’s authority under the Commerce Clause
and violate the Ninth and Tenth Amendments (Count I); (2) the individual mandate
and penalty violate substantive due process under the Fifth Amendment (Count II);
(3) “alternatively,” if the penalty imposed for failing to comply with the individual
mandate is found to be a tax, it is an unconstitutional unapportioned capitation or
direct tax in violation of U.S. Const. art. I, § 9, cl. 4, and the Ninth and Tenth
Amendments (Count III); (4) the Act coerces and commandeers the states with
respect to Medicaid by altering and expanding the program in violation of Article I
and the Ninth and Tenth Amendments (Count IV); (5) it coerces and commandeers
with respect to the health benefit exchanges in violation of Article I and the Ninth
and Tenth Amendments (Count V); and (6) the employer mandate interferes with
the states’ sovereignty as large employers and in the performance of government
functions in violation of Article I and the Ninth and Tenth Amendments (Count VI).
See generally Amended Complaint (“Am. Compl.”)<<

According to Judge Vinson, there are reasonable grounds to proceed to trial on Counts One and Four. This is far from over but the most important count (Count One) has survived a motion for dismissal.

Eric

PS: The order is too large to upload and I can't give you the URL to the site where I got it because it's a subscription site.

Just can't seem to get my mind around the conservatives mission to deprive people of healthcare. And lets not forget the fact that most of the uninsured in this country are children. Kind of weird. But then, considering what these people are all about, it isn't surprising.

[road kill]

Just can't seem to get my mind around the conservatives mission to deprive people of healthcare. And lets not forget the fact that most of the uninsured in this country are children. Kind of weird. But then, considering what these people are all about, it isn't surprising.

Clever, total BULL SHAT....but clever!!

(BTW...the children card, is that page 5??)


RK

[Raymond Little]

Just can't seem to get my mind around the conservatives mission to deprive people of healthcare. And lets not forget the fact that most of the uninsured in this country are children. Kind of weird. But then, considering what these people are all about, it isn't surprising.

Dickety, you know every uninsured child in America has insureancea bought and paid for by the people who WORK! Sell your Straw dog somewhere else.

[M&K's Retrievers]

Clever, total BULL SHAT....but clever!!

(BTW...the children card, is that page 5??)


RK

Dickety, you know every uninsured child in America has insureancea bought and paid for by the people who WORK! Sell your Straw dog somewhere else.

Darn it! Once again, someone quotes DS's mindless babblings which as always includes unsubstantiated and link less misinformation.

"Ignore" doesn't always work regards,

[depittydawg]

Darn it! Once again, someone quotes DS's mindless babblings which as always includes unsubstantiated and link less misinformation.

"Ignore" doesn't always work regards,

Hey flybreath. Suppose you explain why it is that conservatives have such an issue with forking out a little support for the 10 million or so children in this nation who don't have healthcare? Dispute that numbers? Look it up yourself. Suppose you also include in your answer how you don't give a rats ass about those who go without so you can make your pathetic living peddling bogus insurance fraud products to decent Americans. Ignore only works if you've got the self restraint to not peak you mindless drone.

[road kill]

Hey flybreath. Suppose you explain why it is that conservatives have such an issue with forking out a little support for the 10 million or so children in this nation who don't have healthcare? Dispute that numbers? Look it up yourself. Suppose you also include in your answer how you don't give a rats ass about those who go without so you can make your pathetic living peddling bogus insurance fraud products to decent Americans. Ignore only works if you've got the self restraint to not peak you mindless drone.

Yeah, what he said.

Tell this to dnf will ya???
He claims to have put me on ignore and responds to more of my posts now than he did when he read them.......



RK

[ducknwork]

Ignore only works if you've got the self restraint to not peak you mindless drone.

Or...it could be because someone quoted you, genius.

[WaterDogRem]

Hey flybreath. Suppose you explain why it is that conservatives have such an issue with forking out a little support for the 10 million or so children in this nation who don't have healthcare? Dispute that numbers? Look it up yourself. Suppose you also include in your answer how you don't give a rats ass about those who go without so you can make your pathetic living peddling bogus insurance fraud products to decent Americans. Ignore only works if you've got the self restraint to not peak you mindless drone.

So DD, why do you think those 10 million or so children do not have healthcare (think you mean insurance)????

[dnf777]

Or...it could be because someone quoted you, genius.

Could someone please tell RK to drop his DNF fetish? I haven't posted on this thread, yet he still uses my name??