Sides spar in Florida over health reform law, its individual mandate
Attorneys general in 20 states have asked a federal judge to toss out the federal health reform law, saying it gives government too much power.
The suit, filed in Florida, is one of more than two dozen filed since the passage of The Patient Protection and Affordable Care Act in March. Already, federal judges have issued differing opinions on whether the law is constitutional, setting the matter on course for an eventual U.S. Supreme Court review.
Meanwhile, in Florida, U.S. District Judge Roger Vinson was asked to issue a summary judgment against the law, which the attorneys general argue is unconstitutional since the individual mandate included in the law forces people to either buy insurance or face a fine, starting in 2014.
“The act would leave more constitutional damage in its wake than any other statute in our history,” David Rivkin, an attorney for the states, told Vinson, according to several media reports.
The U.S. Justice Department, representing President Barack Obama, argued that because everyone requires medical care, not only is it necessary for Congress to act on the national crisis, but it warrants a strong mandate. Arguing for the judge to drop the case, Justice Department lawyers told Vinson that states have no legal standing on which to challenge the law.
Earlier this week, U.S. District Judge Henry E. Hudson, sitting in Virginia, struck down the individual mandate portion of the law. His action came after two other judges ruled the law constitutional.
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