The Justice Department filed a 62-page motion Friday to the 11th Circuit Court of Appeals in Atlanta that said there's clear and well-established precedent that Congress acted within its authority in adopting the overhaul. It said Congress mad "detailed findings establishing a foundation" for exercising the authority.
Florida and 25 other states filed the lawsuit that said Congress exceeded its authority by requiring all citizens to purchase health insurance or face tax penalties. U.S. District Judge Roger Vinson agreed in a Jan. 31 ruling that said Obama's entire health care overhaul is unconstitutional. It is considered the most sweeping ruling against the health care law.
Some states, including Alaska, have cited the decision in refusing to cooperate with the health care law. But Vinson issued another ruling last week ordering states to continue implementing the law while the case makes its way through the courts.
Either way, the broad challenge seems certain to be resolved only by the Supreme Court. Two other U.S. district judges have previously upheld the law, both Democratic appointees to the federal bench. [...]
The Snooper Report
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