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Thread: Failure of Motion to Dismiss

  1. #1
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    Default Failure of Motion to Dismiss

    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.
    Last edited by Eric Johnson; 10-14-2010 at 03:46 PM.

  2. #2
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    Default

    Quote Originally Posted by Eric Johnson View Post
    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.

  3. #3
    Senior Member road kill's Avatar
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    Default

    Quote Originally Posted by depittydawg View Post
    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
    Stan b & Elvis

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    Senior Member Raymond Little's Avatar
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    Default

    Quote Originally Posted by depittydawg View Post
    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.
    "Character is doing the right thing when nobody is watching"....J.C. Watts

  5. #5
    Senior Member M&K's Retrievers's Avatar
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    Quote Originally Posted by road kill View Post
    Clever, total BULL SHAT....but clever!!

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


    RK
    Quote Originally Posted by R Little View Post
    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,
    M&K's HR UH Tucker of Texoma JH
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    Mike Whitworth

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    Quote Originally Posted by M&K's Retrievers View Post
    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.

  7. #7
    Senior Member road kill's Avatar
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    Quote Originally Posted by depittydawg View Post
    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
    Stan b & Elvis

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    Quote Originally Posted by depittydawg View Post
    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.

  9. #9
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    Quote Originally Posted by depittydawg View Post
    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)????

  10. #10
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    Quote Originally Posted by ducknwork View Post
    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??
    God Bless PFC Jamie Harkness. The US Army's newest PFC, but still our neighbor's little girl!

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