Florida Is The Latest To Contest The Confines Of The Health Care Bill

Florida has become the latest state to file a lawsuit contesting the new laws that come along with the health care bill

. Following on the heels of a ruling made by Judge Henry Hudson in the State of Virginia v. Sebelius, in favor of the state, Florida has now filed suit against the Department of Health and Human Services.

The Florida case is similar in nature to the Virginia case, in which both center on the mandate to purchase insurance. That being said the Florida case differs somewhat than Virginia's because Virginia brought forth consideration of a state statute that forbids a mandate to purchase insurance, and Florida has a secondary claim that focuses on the expansion of Medicaid.

In the coming months, a judge in Florida is expected to make his ruling on the issues, which may impact other states and lead to further suits.

Because the health care reform has become such a hot button topic, a variety of comments have been made as to the legality of the new plan. A professor of legal theory at Georgetown Law, Randy Barnett, states that the recent Florida suit has strong implications for the rest of the country. He explains that Congress does not have unlimited power over interstate commerce, and cannot mandate that each and every American citizen must engage in a contract with private insurers. In fact, the judge in the Florida case was quick to side with the judge in the Virginia case, and immediately dismissed the "novel tax power theory" of the government.

The judge in Florida is now left with a serious decision: are American's really "citizens" under the Constitution, or are they simply "subjects of Congressional will" under the Commerce Clause. This is a principal that dates back to the days when the King of England ruled over the subjects of America. On the whole, there is no more serious constitutional argument that is greater than this issue.

by: Dominic Lin

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