In a 65-page opinion, a federal district court judge based in Florida has ruled that claims in a lawsuit challenging the constitutionality of the Obamacare legislation can proceed. The lawsuit was filed by Florida Attorney General Bill McCollum and has been joined by nineteen other states.
U.S. District Court Senior Judge Roger Vinson denied in part the motion to dismiss the lawsuit, holding that the plaintiffs "have most definitely stated a plausible" case. Among the challenges Judge Vinson will hear are that the "individual mandate," which requires individuals to purchase health insurance or face penalties, is unconstitutional. Judge Vinson also denied the motion to dismiss as to that portion of the lawsuit challenging the legislation's effect of requiring states to pay for additional Medicaid costs.
Obama administration attorneys sought to defend the individual mandate at oral argument last month on the basis the penalties levied against those who do not buy insurance should be considered a permissible tax under the interstate commerce clause. Vinson's opinion noted that the penalties are not referred to as taxes in the healthcare bill and that Congressional legislators may have wanted to insulate themselves from the electoral ramifications of having the penalties considered as a $4 billion annual tax increase.
McCollum applauded the decision as the first step toward upholding state sovereignty.
Speaking on behalf of the White House, Stephanie Cutter stated that opponents of Obamacare, having failed in the legislative arena, "are now turning to the courts." Ms. Cutter did not state whether it was her view that the Obamacare legislation should be the first Congressional legislation ever deemed immune from judicial review, although that notion is implicit in her comment.
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