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Judge: Justice takes 'Alice-in-Wonderland' approach to health care

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"The judge saved for another day the decision on the merits of two claims, and we remain confident that the law ultimately will be upheld," she said. "This case is in the early stages of litigation and the department will continue to vigorously defend this law."

The judge, in a 65-page ruling from Pensacola, made clear that his decision in response to a motion by the Obama administration to dismiss only addresses whether the court has jurisdiction to consider the case and that the suit makes a "plausible claim for relief," not the merits of the arguments.

Stephanie Cutter, an assistant to President Obama for special projects, wrote in a blog posting on the White House website, that the administration expects it ultimately will win the case.

"Since the enactment of health reform legislation in March, Republican attorneys general in several states have filed lawsuits challenging the constitutionality of the Affordable Care Act," she wrote. "Having failed in the legislative arena, opponents of reform are now turning to the courts in an attempt to overturn the work of the democratically elected branches of government.

"This is nothing new," she wrote. "We saw this with the Social Security Act, the Civil Rights Act and the Voting Rights Act - constitutional challenges were brought to all three of these monumental pieces of legislation, and all of those challenges failed. So too will the challenge to health reform."

Though there have been several others, the challenge to the law brought by the 20 states is the most expansive.

In federal court in Virginia, the state separately is challenging the law on the basis it conflicts with a state law passed by the general assembly earlier this year that says people in Virginia cannot be forced to purchase health insurance.

Last week, a federal judge in Michigan dismissed portions of a lawsuit brought by the conservative Thomas More Law Center that argued Congress exceeded its authority by forcing people to buy health insurance.

Ms. Schmaler, referred to the Michigan ruling in a statement released Thursday, saying "the only court that has decided the constitutionality of this law has sustained it and found that the minimum coverage provision was a reasonable step for Congress to take in reforming the nation's health care system."

But Karen Harned, executive director of the National Federation of Independent Business, said Judge Vinson's ruling moved those challenging the law "one step closer" to having it overturned. The NFIB is a party in the case.

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About the Author
Ben Conery

Ben Conery

Ben Conery is a member of the investigative team covering the Supreme Court and legal affairs. Prior to coming to The Washington Times in 2008, Mr. Conery covered criminal justice and legal affairs for daily newspapers in Connecticut and Massachusetts. He was a 2006 recipient of the New England Newspaper Association's Publick Occurrences Award for a series of articles about ...

Comments

sk_trynosky_sr says:

3 hours, 2 minutes ago

Mark as offensive

Excellent points Arjayt! But, we should be looking at the why's of these costs. Fraud and abuse are epidemic in Medicaid in NY State (40 to 50 billion at last estimate), Trial lawyers in our legislatures are another. The illegal alien epidemic has demolished California's Health care system and is doing the same thing everywhere else. The 20% increase in premiums we see in the coming year are a direct result of the new law. Being an old guy, I might ask how good quality health care was delivered in my youth, the 1940's and 1950's, without bankrupting the country or citizens. My son and his wife just had a perfectly healthy baby with a three day hospital stay and C section, $ 27,000! There is something seriously wrong with this picture.

drach says:

16 hours, 56 minutes ago

Mark as offensive

Pushed or not, he had a great fall.

soxconn says:

20 hours, 20 minutes ago

Mark as offensive

These issues have to get to the Supreme Court. Their docket needs involve important issues, not dwelling on triviality. The Constitution is at stake here. This judge is absolutely correct in his Through the Looking Glass analogy.

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