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Bondi asks for full court hearing in federal health care lawsuit

Friday, March 11th, 2011 by Dara Kam

Attorney General Pam Bondi wants a full-court review of the President Obama administration’s appeal in the federal health care lawsuit.

Bondi filed a motion with the 11th Circuit Court of Appeals in Atlanta seeking an en banc hearing, meaning the appellate review would be held before all 10 federal judges.

The reason for her request, Bondi said in a press release, “is to avoid any unnecessary delays that may arise if a three-judge panel decides the case and then refers it for a hearing by the full 11th Circuit.”

If the court agrees to her request, the case would be heard on June 6, according to Bondi.

“This case is so significant to all Americans that it needs to be resolved as quickly as possible,” she said in the release. “If granted, the petition would allow a faster track to the Supreme Court.”

Senate approves health care amendment 29-10

Wednesday, March 9th, 2011 by Dara Kam

On the second day of the legislative session, the Florida Senate approved a proposed constitutional amendment allowing Florida to opt out of the federal health care law, the chamber’s President Mike Haridopolos’ top priority.

The Senate approved the measure, (SJR 2) by a 29-10 vote, with just one Democrat – Bill Montford of Tallahassee – voting in favor.

The amendment, which would go before the voters next year, bans the federal government from forcing Floridians from having to purchase health care coverage, the “individual mandate” that is the subject of several federal court cases, including one in Florida. A Pensacola federal judge struck down the law as unconstitutional. President Obama’s administration appealed that ruling yesterday, and the U.S. Supreme Court will ultimately decide on the case.

Lawmakers attempted to put a similar measure on the ballot last year, but the Florida Supreme Court struck it down saying it was confusing to voters. Haridopolos tweaked the language to try to meet the court’s muster this time around.

Haridopolos, a Merritt Island Republican, is running for U.S. Senate, and could possibly on the same November 2012 ballot as the amendment.

“This is about freedom. This is about federalism. This is not a unitary government where everything just comes on down high from government,” Haridopolos said before the vote. “This is about choice. This is about freedom and respecting the U.S. Constitution and…mostly, respecting individual rights.”

Senate Democratic Leader Nan Rich of Weston argued that the federal law already allows states to opt out if they come up with another way to make sure its citizens are insured.

“The fact remains that this is the law of the land and it is our duty to take the appropriate steps to implement this law,” Rich said. “Whether you like it or not, we have a federal system of government…Federal law remains the supreme law of the land.”

The proposed amendment would require 60 percent approval from the voters to pass. The House has not yet voted on the measure.

Arguing against the bill, Sen. Tony Hill, D-Jacksonville, took umbrage at Sen. Don Gaetz, R-Niceville, calling the law “Obamacare.”

“Sen. Gaetz mentioned Obamacare,” Hill said. “At least somebody care.”

Feds file appeal in health care lawsuit

Tuesday, March 8th, 2011 by Dara Kam

President Obama’s administration filed an appeal Tuesday afternoon in Florida’s lawsuit challenging the federal health care law, meeting a Pensacola federal judge’s deadline.

Judge Roger Vinson of the Northern District of Florida, who struck down the law as unconstitutional, issued a stay Thursday of his earlier ruling, effectively ordering the 26 states that challenged it – including Florida – to continue to implement the law.

But e gave the White House until Thursday to appeal for his stay to remain intact.

The U.S. Justice Department filed the appeal to the Eleventh Circuit appeals court in Atlanta, but could have gone directly to the U.S. Supreme Court where the case will ultimately be decided.

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