Analyzed Insurance

A federal judge in Florida announced that a lawsuit could proceed that claims that requiring Americans to buy health insurance is unconstitutional. Twenty states are involved in the lawsuit. US District Judge Roger Vinson rejected an effort by the Obama administration to have the case thrown out, according to the Los Angeles Times. Vinson’s decision was similar to one made by a federal judge in Virginia. “To say that something is ‘novel’ or ‘unprecedented’ does not necessarily mean that it is ‘unconstitutional’ or ‘improper.’ There may be a first time thing for anything,” Vinson wrote in his 65-page ruling, according to the LA Times. Continuing he wrote, “the plaintiffs have at least stated a plausible claim that the line has been crossed.” Florida is leading the challenge to the new healthcare law and 19 states have joined including:

• Alabama
• Alaska
• Arizona
• Colorado
• Georgia
• Indiana
• Idaho
• Louisiana
• Michigan
• Mississippi
• Nebraska
• Nevada
• North Dakota
• Pennsylvania
• South Carolina
• South Dakota
• Texas
• Utah
• Washington

Louisiana is the only state not led by a Republican attorney general or governor. “This ruling is a victory for the states, small businesses and the American people,” Florida Attorney General Bill McCollum said in a statement Thursday according to the LA Times. “It is the first step to having the individual mandate declared unconstitutional and upholding state sovereignty in our federal system.”

According to the American Medical News, spokeswoman Tracy Schmaler said the Dept. of Justice will continue to defend the new law and is confident their arguments will come out on top. “This case is in the early stages of litigation, and the department will continue to vigorously defend this law in ongoing litigation,” she said according to AMN. In Michigan, US District Judge George C. Steeh dismissed a third challenge arguing that the insurance requirement was unconstitutional. The next step comes December 16 when both sides will present their cases in a courtroom during a summary judgment hearing.

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