October 14th, 2010
03:18 PM ET
12 years ago

Judge rejects motion to dismiss lawsuit against health care law

(CNN) - A federal judge in Florida on Thursday rejected a motion by the government to dismiss some counts of a multi-state challenge to the sweeping health care reform signed into law by President Barack Obama earlier this year.

The ruling by Senior U.S. District Judge Roger Vinson means the lawsuit filed by attorneys general from Florida and 19 other states can proceed on questions of whether the health care law is constitutional in requiring citizens to obtain health care coverage or face financial penalties, as well as forcing states to expand Medicaid.

Vinson threw out four other counts of the lawsuit.

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Filed under: Florida • Health care • issues
soundoff (24 Responses)
  1. Snow

    And obamas DOJ said the health care deformity was going to be funded by tax increases. So much for the middle class not seeing "one dime" of increased taxes. So being forced into the health care deformity and being taxed if you do not is not a violation of his campaign speeches(many,many,many speeches). So health care costs are rapidly increasing due to obamas laws which cost us more and if you decline then you get taxed. What have you idiots(obama voters)done to this country.

    October 14, 2010 03:29 pm at 3:29 pm |
  2. Don Wuerl

    Why would a state want to waste its resources fighting something that so many American's need and still lack? If my memory serves me correctly it was the Republican Party that initially stated that all people should have health insurance; is it more profitable to screw more folks out of coverage? I don't think that you Republicans are going to win this arguement! If by some chance the Congress decides to create a new Ammendment to the U.S. Constitution; then all will have what it truely is-A Guaranteed Right!

    October 14, 2010 03:31 pm at 3:31 pm |
  3. John Crane

    I just don't believe most Americans want to pay for other America people that don't have their own Health Insurance. The most expensive cost for Healthcare is at the Emergency Room. That is why I support the mandate that each person have their own insurance.

    October 14, 2010 03:39 pm at 3:39 pm |
  4. Bill in California

    HOW REFRESHING. A U.S. judge without an axe to grind or living in someone's pocket. No doubt the lefties will begin a campaign of smear and fear in an attempt to remove him from the bench.

    October 14, 2010 03:50 pm at 3:50 pm |
  5. Augsbee

    Well, if McDonalds and 29 other companies were given waivers on health care coverage because their employees stood to lose coverage because it was too expensive next year to cover them according to the law than why can't everyone that can't afford an insurance policy also get a waiver????????

    October 14, 2010 03:52 pm at 3:52 pm |
  6. LacrosseMom(real one)

    Interesting, I say let this lawsuit go all the way up to the Supreme Court! Healthcare WILL stand!

    October 14, 2010 04:10 pm at 4:10 pm |
  7. stufthis

    Maybe republicans can get their other wishes along with repealing health reform: eliminating additional government programs like social security and medicare, the VA, the FAA, the interstate highway system, the education department, FAA, homeland security, FDA, minimum wage, and our military.

    October 14, 2010 04:12 pm at 4:12 pm |
  8. stufthis

    Evidently Florida judges do not have to be knowledgeable of the constitution and the amendments.

    October 14, 2010 04:17 pm at 4:17 pm |
  9. Michael Gonzales

    As a Republican Im all for Healthcare Reform, just not like this. I want reform that attacks the reasons why Health Care costs so much. Go after the Trial Lawers, Go After why a inhaler cost $80 if you dont have insurance, Go after why every thing in the Medical field costs a arm and a leg, Go After waste, Go after insane profits that hurt the public in the end. We dont have too spend a dime of our deficit on health care reform. Make it so I can afford health care on my own or so my employeer can afford too offer it too me. The Democrat approach was totatly different then my view on reform.

    October 14, 2010 04:21 pm at 4:21 pm |
  10. stufit

    Did Obama lie when he said it would not cause any tax increases? Of course he did. And just remember how he promised that you would not see your taxes increase if he was president. Get ready for the largest tax increase in history on January 1, 2010. And he still has cap and trade which will dwarf that in the wings. For those of you who are disillusioned, this is what happens when unions and media get together to steal the election process for someone. And now remember also sol many of these democratically controlled states (NY and Ill) are conspiring to keep our military overseas from voting in the 2010 election. Democrat liberals are nothing but corrupt union bosses and thugs.

    October 14, 2010 04:24 pm at 4:24 pm |
  11. diridi

    I bet this idiotic judge is sold out to GOP thugs....does he know the law??? law is intended in good faith to cover the health insurance to all of the citizens. Shame, it took this many years on health care law to pass in an industrialism society. Health care law is passed. Does this judge know, the maxim in law....once law always law....lex locy...we needed this health care reform for long....I am glad it was overwhelmingly passed.....no one can deny....o.k...Listen, once state run exchanges exist in 2014, picture will be entirely different...they act as a substitution of "Public Option". It is truth....o.k. So, do not mess with health care legislation already passed.....

    October 14, 2010 04:26 pm at 4:26 pm |
  12. L

    There's a simple fix... Amend the law to require any person who wishes to opt out of buying insurance to post a bond proving they have the resources to pay for any medical problems they might develop.

    I'm so tired of people insisting they don't want to be forced to buy insurance yet also expecting everyone else to pay their bills when they can't pay and then force the hospital to eat the unpaid bills.

    People keep wanting freedom without consequences. I'm free to not buy insurance but I still expect to receive top dollar services even when I can not pay for them.

    October 14, 2010 04:27 pm at 4:27 pm |
  13. greg in Jax

    What is so American about letting someone die at the hand of the free market?

    October 14, 2010 04:29 pm at 4:29 pm |
  14. stufthis

    The republicans who controlled both houses of congress and the office of the president passed the Bush tax cuts, and in their bill, they made it expire of January of 2011. The Bush unfunded tax cuts and the other stupid republican unfunded programs led to the doubling of the national debt. If you are a billionaire or a millionaire, remember, it was the republicans who pass the law that these unfunded tax cuts would expire on January 1, 2011.

    October 14, 2010 04:31 pm at 4:31 pm |
  15. Cosmo

    Yes, the law suit can proceed, but when it is finally over and Florida has lost, will Florida's attorney general Bill McCollum pay for all the legal fees he csot the Us and Florida taxpayers? Don't hold your breath.

    October 14, 2010 04:34 pm at 4:34 pm |
  16. stufthis

    I forgot to mention that the republican culture of corruption passed the Bush Tax Cuts in reconciliation. When billionaires lose their sweet deal. they can thank a republican.

    October 14, 2010 04:35 pm at 4:35 pm |
  17. Can't We All Just Get Along?

    It took us DECADES to get health care reform! We almost didn't get it because of the stupidity and lies of the GOP. The American people want the health care reform. I will NOT vote for anyone trying to get rid of it.

    October 14, 2010 04:36 pm at 4:36 pm |
  18. vic nashville tn

    This judge from Florida year 2000 again

    October 14, 2010 04:42 pm at 4:42 pm |
  19. Quinn

    It's amusing to me that when "Don't ask, don't tell" is challenged and a judge rules on it, the republican/tea party groups scream about left activist judges making their own laws, but on health care reform they are simply exercising their right to challenge something they don't agree on. Interesting...

    October 14, 2010 04:42 pm at 4:42 pm |
  20. Orlando Patriot

    Obama and the other idiot Democrats played you supporters for "fools". They tell you that "your rates will not go up" and "if you like your current doctor and insurance you can keep it". Not only was this a lie (Obama KNOWS this is not the case and is his PLAN) but he did not want to call this a tax (otherwise he would break his other promise of no tax increases on the middle class) so the law simply forces each person to buy insurance. THAT WAS HIS BIGGEST MISTAKE!! If he had called it a tax then this would not be an issue. However, by "forcing" each person to buy insurance he has violated the Constitution!! And this piece of the health care law will be the death of the majority of the health care bill (Republicans can get rid of the rest when we take power after the elections in 2+ short weeks. For all you supporters do you NOW see how Obama played you for idiots and fools? Your costs are going WAY up and Obama knew it. In order to have your costs increase, but not blame the Democrats but rather the insurance companies, he mandates coverage. I think it is quite funny:)!! Obama tried to be incredibly sneaky and lie to everyone without you knowing it but he got caught and will cost him big time when this part of the health care bill is considered a violation of the Constitution and then thrown out!! I am loving every minute!!

    October 14, 2010 04:44 pm at 4:44 pm |
  21. smc

    Wow! Can I sue the federal government for making me "face severe financial penalties" for being single, not owning a home, not having children, not owning my own business, etc.? I get fined for all those things too!

    October 14, 2010 04:47 pm at 4:47 pm |
  22. Marie MD

    Who appointed this judge? Between them and the roberts' supreme court giving corporations more power we are going down the tubes.

    October 14, 2010 04:51 pm at 4:51 pm |
  23. Rachel

    Seems only right since the federal government can sue the states. Lets play ball.

    October 14, 2010 04:54 pm at 4:54 pm |
  24. Jim

    The people didn't want this bill and we still don't. Obama/Pelosi/Reid refused to listen to the people because they think they're above us. The feds can't make us purchase a product...and don't use car insurance as an argument, because driving is a choice. I don't want want to pay for other people's insurance! I want to keep my current plan. I don't want the government to start deciding what should be covered! Obama may say that taxes and costs won't go up, but it's happening already. How do you think we will cover people that don't have coverage and can't afford it?! Once again, half of the country is supporting the other half...

    October 14, 2010 04:55 pm at 4:55 pm |