Legal challenges to Obamacare likely to proceed

The efforts to overturn or scale back the Affordable Care Act – Obamacare to its detractors – appeared to get a boost from a federal judge in Florida Tuesday, according to an article in The New York Times Wednesday.

Although the judge did not issue a ruling on whether the challenge to the law’s mandate that individuals have health insurance, Judge Roger Vinson said he was leaning against the Obama Administration’s effort to halt the suit brought by 20 state Attorneys General.

Here’s what the Times’ Kevin Sack wrote:

Although he did not issue a formal ruling, Judge Roger Vinson of Federal District Court said at the close of a two-hour hearing that he leaned toward denying the federal government’s motion to dismiss the lawsuit, on at least one count. That would end the jockeying over whether states have legal standing to challenge the law, and move the case to a full debate over its fundamental constitutional question: Is the federal government’s power so broad that Congress can require citizens to purchase a commercial product like health insurance?

The judge is expected to rule on the federal government’s motion to dismiss the challenge by Oct 14, Sack reported.

As Check Up guest blogger Robert Field has written, the question of whether the states Attorneys General could challenge the law is just the first hurdle in their efforts. Check out that post and others by Robert Field here.

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