Court Upholds McCollum's Challenge to Health Care Reform Law

By: Troy Kinsey Email
By: Troy Kinsey Email

Tallahassee, FL - Here at the Capitol, the Attorney General's team is celebrating what they call a resounding win for states' rights.
In their view, health care reform is illegal - and they're prepared to go all the way to the U.S. Supreme Court to prove it.
On Thursday, a federal judge in Pensacola ruled Attorney General McCollum's lawsuit can be brought to trial.
McCollum - along with 19 other state attorneys general - are challenging two parts of the health care reform law.
The individual mandate, requiring people to buy insurance, and expansion of medicaid. A million more Floridians could be added to the rolls. and that could cost you, the taxpayer, in upwards of a billion dollars a year.
Deputy Attorney General Joe Jacquot says on both counts, the federal government is overstepping its authority to tell Florida and her people what to do.
Jacquot says, "This lawsuit is about the reach of the Federal government. That it has gone beyond our Constitution, beyond our notion of limited government. With individual mandates getting into people's lives, and tell them what they have to go do."
From here, McCollum will ask a judge to send the case to Federal District Court. That could happen by December 16th, but, both McCollum and the feds expect the case to be argued before the Supreme Court, potentially sometime in 2012


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  • by GV Location: Ga on Oct 18, 2010 at 08:44 AM
    het robert,the last time a was talen by ambulance,they sent me a bill.Guess what,I paid that bill.Idiot
  • by Robert Location: Phoenix on Oct 15, 2010 at 11:36 AM
    The same arguments in this Florida case were litigated before the US Supreme Court in constitutional challenges against the Social Security Act, and were rejected in an opinion written by Justice Cardozo. The health care market is different than the auto market and other markets. Everyone participates in the health care market, with the exception of those that object for religious reasons. Not everyone participates in the auto market by not choosing to purchase a car. The moment that you are born in a hospital setting, you are a consumer of health care. Also, when you are taken by ambulance to the emergency room, you are a consumer of health care. Since everyone will participate at some time as a consumer of health care, it is very fair and equitable to tax for the benefit that they will receive. I suggest very strongly that the plaintiffs review legal precedent before they continue to pursue the litigation at issue.
  • by rob Location: tally on Oct 15, 2010 at 10:10 AM
    Graywolf...you are not required by law to drive...thats the differnce! This bill requires everyone to have insurance....but the poor will get the break off of the backs of those who work and strive to better themselves!
  • by used to be poor Location: tally on Oct 15, 2010 at 09:43 AM
    TONY...I used to be poor until I got off my rear end and helped myself. And "we all have to buy into the plan"...You're not keeping up on current events. There are over 30 major corporations and unions that have been given waivers from this health care debacle. The latest is McDonalds. Please get informed.
  • by just sayin Location: tally on Oct 15, 2010 at 09:36 AM
    Hey GRAYWOLf....your auto insurance protects the person you hit. Your health insurance only protects you personally. You are free to hurt yourself, but you are not free to hurt others. It's called LIABILITY.
  • by GRAYWOLF Location: TALLAHASSEE on Oct 15, 2010 at 07:12 AM
    I FIND IT CURIOUS THAT McCOLLUM THINKS IT'S WRONG FOR THE FEDERAL GOVERNMENT TO MAKE PEOPLE TO BUY HEALTH INSURANCE, BUT IT'S ALRIGHT FOR THE STATE OF FLORIDA TO MAKE ME BUY AUTO INSURANCE IN ORDER TO GET A DRIVER'S LICENSE AND OWN A CAR.
  • by richard Location: tallahassee on Oct 15, 2010 at 06:43 AM
    Thank you Bill - you were the best choice for the governors office. Scott is an ethical nightmare which will force me to jump party lines and vote for Sink. I wish I could have voted for integrity.
  • by Joe Location: Crawfordville on Oct 15, 2010 at 05:41 AM
    Way to go Bill!! Somebody has to keep Osama Obama from trampling on our Constitution. To Tony: There is nothing wrong with helping the "poor", and the elderly, but I refuse to be forced to turn my hard earned money over to lazy, good for nothings that have no ambition to get off their duff and help themselves.
  • by tony Location: Tallahassee on Oct 15, 2010 at 03:55 AM
    Bill i hope your suit gets thrown out in court. Guess youve noticed youre not in the governors race anymore. Theres a reason for this and its the people you represent namely the selfish rich. The same group thats sinking the whole republican party. Those old tired policies of save the rich man just dont fly anymore. So whats wrong in helping poor people? Yes we all have to buy into the plan but thats how it gets paid for without placing the burden on the taxpayer dummy. I think your suit is just the last gasp of air from a career politician whos facing imminent retirement. Good luck Bill in your new life.
  • by MEOK Location: TALLAHASSEE on Oct 15, 2010 at 03:07 AM
    WAY TO GO MCCOLLUM!! YOU MAKE A GREAT ATTY GENERAL BY DEFENDING THE RIGHTS OF FLORIDIANS. THANK YOU FOR SPEAKING UP FOR THOSE OF US WHO CAN'T DUE TO OUR ECONOMIC SITUATION. I DON'T WANT TO GO TO JAIL JUST BECAUSE I CAN'T AFFORD TO BUY HEALTH INSURANCE. KEEP UP THE GOOD WORK!
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