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Thread: Judge allows states' healthcare suit to proceed

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    Judge allows states' healthcare suit to proceed

    (Reuters) - U.S. states can proceed with their lawsuit seeking to overturn President Barack Obama's landmark healthcare reform law, a Florida judge ruled on Thursday.

    U.S. District Judge Roger Vinson had already indicated at a hearing last month that he could not uphold parts of a motion by the Justice Department to dismiss the lawsuit, led by Florida and 19 other states.

    "In this order, I have not attempted to determine whether the line between constitutional and extra-constitutional government has been crossed," Vinson, of the U.S. District Court for the Northern District of Florida, wrote in his ruling.

    Opponents of Obama's overhaul of the $2.5 trillion U.S. healthcare system have said it violates the Constitution by imposing, for example, unlawful taxes and requiring citizens to obtain coverage, among other issues.

    "I am only saying that ... the plaintiffs have at least stated a plausible claim that the line has been crossed," Vinson said.
    Judge allows states' healthcare suit to proceed | Reuters

    I was amazed to see this not posted. Big news here.
    Climate, changes. It takes a particularly uneducated population to buy into the idea that it's their fault climate is changing and further political solutions can fix it.



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    Re: Judge allows states' healthcare suit to proceed

    Quote Originally Posted by MrVicchio View Post
    Judge allows states' healthcare suit to proceed | Reuters

    I was amazed to see this not posted. Big news here.
    I posted it in the healthcare thread a little while ago, actually.

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    Re: Judge allows states' healthcare suit to proceed

    Quote Originally Posted by Whovian View Post
    I posted it in the healthcare thread a little while ago, actually.
    Why would you put it down there??
    Climate, changes. It takes a particularly uneducated population to buy into the idea that it's their fault climate is changing and further political solutions can fix it.



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    Re: Judge allows states' healthcare suit to proceed

    The health care issue is turning me into an anti-federalist. Weird.

    Actually, it is instilling anti-federalist sentiments. Anti-federalism is too impractical to be a viewpoint I would espouse, regardless of how I felt.
    Last edited by Morality Games; 10-14-10 at 06:05 PM.
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    Re: Judge allows states' healthcare suit to proceed

    Quote Originally Posted by Morality Games View Post
    The health care issue is turning me into an anti-federalist. Weird.

    Actually, it is instilling anti-federalist sentiments. Anti-federalism is too impractical to be a viewpoint I would espouse, regardless of how I felt.
    There are places where the Federal Government is best positioned to take care of things, and places it is not. It's called being practical friend, to admit that sometimes... the Feds need to stay the hell out and sometimes they need to step up.
    Climate, changes. It takes a particularly uneducated population to buy into the idea that it's their fault climate is changing and further political solutions can fix it.



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    Re: Judge allows states' healthcare suit to proceed

    Wait. I thought this happened already. Like weeks ago. Was I hallucinating?
    He touched her over her bra and underpants, she says, and guided her hand to touch him over his underwear
    Quote Originally Posted by Lutherf View Post
    We’ll say what? Something like “nothing happened” ... Yeah, we might say something like that.

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    Re: Judge allows states' healthcare suit to proceed

    I am not surprised he let the case go forward. I don't think any federal court would actually turn it down.

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    Re: Judge allows states' healthcare suit to proceed

    Quote Originally Posted by MrVicchio View Post
    There are places where the Federal Government is best positioned to take care of things, and places it is not. It's called being practical friend, to admit that sometimes... the Feds need to stay the hell out and sometimes they need to step up.
    The law has to mediate practicality with principle. Practicality enables the law to function in a plurality of situations, but principle confers the legitimacy necessary for it to to be obeyed. Principle is supported by precedents (preceding examples), and the health care reform rests on top of legal precedents that proceeded from the long instituted principle of federalism, which is why the judge only goes so far to say as it is, "plausible," that a line has been crossed, not 'obvious' or 'indisputable'. If there was something about federalism that opponents of health care reform affirmed, then for the sake of supporting the principle of the matter, they would have to accept health care reform. Not because they like it, or because they think it will function properly, but because it is consistent with the principle they affirmed.
    Last edited by Morality Games; 10-14-10 at 06:33 PM.
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    Re: Judge allows states' healthcare suit to proceed

    Smells like judicial activism to me.

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    Re: Judge allows states' healthcare suit to proceed

    Quote Originally Posted by Patria Antiqua View Post
    Smells like judicial activism to me.
    Why? The case, so far, does have some validity to it.

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