Healthcare ScrewedWe have encouraging news on the health-care front. A federal judge in Florida has ruled that the plaintiffs have “most definitely stated a plausible claim” that the health care insurance mandate is unconstitutional.  The plaintiffs, a group of eighteen (18) Republican attorneys general and governors and two (2) Democratic attorneys general, also argued that the Medicaid expansion was an unfair burden on the state. While Judge Vinson expressed skepticism about this particular claim, it was also allowed to proceed while several other claims were dismissed. These remaining claims will proceed on the merits; the case is expected to go before the U.S. Supreme Court. (A Michigan judge ruled last week that the mandate to buy insurance or pay a pentalty is constitutional.)

Here is an update on another case in Virginia that we talked about last week:  Judge Henry Hudson has promised to rule on the constitutionality of ObamaCare by the end of the year, and noted that his court is just one stop on the way to the Supreme Court. Here is an article from The Hill : http://thehill.com/blogs/healthwatch/health-reform-implementation/124747-healthcare-tuesday-state-suits-looking-more-like-dress-rehearsals-for-high-court

Here is a short article from the BLT or Blog of Legal Times: http://legaltimes.typepad.com/blt/2010/10/a-federal-judge-in-florida-has-rejected-the-obama-administrations-motion-to-dismiss-a-challenge-to-the-new-health-care-ref.html

The Wall Street Journal has covered this, as well: http://online.wsj.com/article/SB10001424052748704361504575552391012985692.html