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Oral arguments set in federal health care lawsuit

Thursday, March 31st, 2011 by Dara Kam

A federal appeals court in Atlanta has set June 8 for oral arguments in the the federal health care lawsuit but denied Florida Attorney General Pam Bondi‘s request for a full court hearing.

The fast-tracked lawsuit by 26 states, including Florida, and the National Federal of Independent Businesses is ultimately headed to the U.S. Supreme Court.

“We are pleased that the 11th Circuit scheduled oral argument this June, so we can resolve this case and protect Americans’ individual liberties,” Bondi said in a statement. “This case will ultimately be decided by the U.S. Supreme Court, and a case of such national importance should have no delay.”

Pensacola U.S. District Judge Roger Vinson in January ruled the health overhaul unconstitutional, saying the U.S. Commerce Clause did not allow the federal government to require every citizen to buy insurance or pay a penalty. Doing so would give the federal government such sweeping powers that it could force its citizens to eat broccoli, he contended.

Vinson, who is based in Pensacola, declared the entire health act invalid.

Earlier this month Vinson put a stay on his ruling while the appeals proceed – meaning the health act could continue to be implemented – but gave the White House a week to appeal. President Obama’s administration filed the appeal on March 9.

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.

Speaker-to-be tells Crist to back off on federal health care reforms

Tuesday, October 19th, 2010 by Dara Kam

House Speaker-designate Dean Cannon essentially gave Gov. Charlie Crist a cease and desist order telling the governor to quit enabling the federal government regarding health care reforms.

Cannon, R-Orlando, accused Crist of “commandeering of state insurance regulatory resources” by allowing executive agencies to begin implementing the federal health care reforms even as the state is suing White House agencies over them.

Read Cannon’s letter to Crist here.

Cannon’s demands could set up a possible showdown between the executive and legislative branches of government over the health care reforms, which Crist, the independent candidate in the U.S. Senate race, says he supports in part.

Cannon gave Crist until Nov. 15 to tell him how much the state is spending on workers and other resources to comply with the reforms and told him that Crist will need the legislature’s approval before taking any further action.

Cannon complains in the letter to Crist that the Office of Insurance Regulation is jumpstarting new insurance regulations by developing data systems. But that office is overseen by not just Crist. He and the Florida Cabinet – including Attorney General Bill McCollum, who filed the lawsuit over the Patient Protection and Affordable Care act – make up the Financial Services Commission that’s in charge of OIR.

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