The US District Court Decisions Re The 2010 Health Care Bill

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Click here for, among other things, the texts of (1) The 11/17/2010 Rivlin-Domenici Deficit-Reduction Plan, (2) The 11/10/2010 Blue Print of the Co-Chairs of President Obama's Deficit-Reduction Commission, and (3) The 12/1/2010 Official Report of President Obama's Deficit-Reduction Commission which fell 3 votes short of the 14 votes required for adoption by President Obama's original Executive Order establishing the Commission.
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johnkarls
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Joined: Fri Jun 29, 2007 8:43 pm

The US District Court Decisions Re The 2010 Health Care Bill

Post by johnkarls »

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The text of the 12/13/2010 final decision of the U.S. District Court (Eastern District of Virginia) lawsuit challenging the constitutionality of the "individual mandate" (requiring every American citizen to have an approved health insurance policy or pay a fine) and brought by the Commonwealth of Virginia is already available on this Bulletin Board under "Participant Comments" in the Topic of "2010 Health Care Mandate As Tax Vs. Interstate Commerce."

As noted in that posting, on 10/14/2010 the U.S. District Court (Northern District of Fla) in a separate lawsuit denied a Motion to Dismiss by the U.S. Government and ruled that 2 of 6 counts (challenging the constitutionality of the "individual mandate" and challenging the constitutionality of dumping 16 million more Americans on the Medicaid roles at the expense of the states) could proceed to trial. At that time, the plaintiffs included 20 states. The text of that ruling =

RL-w209-FlaLitigation-DenialMotionDismiss.pdf
(232.88 KiB) Downloaded 212 times
On 1/31/2011, the U.S. District Court (Northern District of Fla) issued a final decision which refused to find the Medicaid mandate unconstitutional but did find the individual mandate unconstutional -- and, since the 2010 Health Care Bill did not have a "severability clause" (many bills contain such clauses which provide that if any component of a bill is found to be unconstitutional, only it will be invalidated and the remainder of the bill will take, or remain in, effect), the decision invalidated the entire bill. By 1/31/2011, 6 more states (for a total of 26) had become plaintiffs and several additional states had filed Amicus Curiae briefs to support the arguments of the 26 states that were formal plaintiffs. The text of the final decision =
RL-w209-FlaLitigation-FinalDistCtRuling.pdf
(270.83 KiB) Downloaded 258 times

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