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Federal Judge In Va. Rules Part Of Health Care Law Unconstitutional
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12-20-2010, 04:20 AM
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xanaxonlinexanax
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20 states ask judge to throw out Obama health law
Published: Thursday, 16 Dec 2010 | 2:25 PM ET
PENSACOLA, Fla. - Attorneys for 20 states fighting the new federal health care law told a judge Thursday it will expand the government's powers in dangerous and unintended ways.
The states want U.S. District Judge Roger Vinson to issue a summary judgment throwing out the health care law without a full trial. They argue it violates people's rights by forcing them to buy health insurance by 2014 or face penalties.
"The act would leave more constitutional damage in its wake than any other statute in our history," David Rivkin, an attorney for the states, told Vinson.
President Barack Obama's administration counters that Americans should not be allowed to opt out of the overhaul because everyone requires medical care. Government attorneys say the states do not have standing to challenge the law and want the case dismissed.
Vinson, who was appointed to the bench almost 30 years ago by President Ronald Reagan, heard arguments Thursday but said he will rule later.
In a separate case, U.S. District Judge Henry E. Hudson earlier this week became the first federal judge to strike down a key portion of the law when he sided with the state of Virginia and ruled the insurance requirement unconstitutional. That case is likely to go to the U.S. Supreme Court. Two other federal judges have upheld the insurance requirement.
In Florida, Vinson questioned how the government could halt the massive changes to the nation's health care system that have already begun. Rivkin told him the constitutional violations are more important.
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