A legal challenge to the health- care overhaul signed by President Barack Obama probably will be allowed to proceed, said a federal judge in Florida.
U.S. District Judge Roger Vinson in Pensacola said today he will make a decision by Oct. 14 on whether the states have jurisdiction to sue. Sympathizing with the claims of the states, Vinson told lawyers he would probably dismiss part of the lawsuit, while allowing other claims to proceed.
“The states are left almost powerless to affect Congress,” Vinson said. “It’s enforced upon them whether they like it or not.”
The states allege the government’s requirement that people buy health insurance exceeds congressional powers under the Constitution, while the U.S. counters that provision is allowed under its commerce powers because of the billions of dollars a year in unpaid medical bills absorbed by the market each year.