October 14, 2010

Florida court denies government motion to dismiss commerce challenge

By Florida court denies government motion to dismiss commerce challenge

Author:  Luke A. Wake

We have just received word that the Northern District of Florida has denied the government's motion to dismiss a Commerce Clause challenge to the PPACA's individual mandate provision. Like our client – Matt Sissel – the Attorneys General of numerous states have argued that Congress exceeded the scope of its power in requiring individuals to purchase health insurance.

The Court also allowed the Attorneys General to advance their claim that the PPACA unconstitutionally coerces and commandeers the states. However, the opinion dismisses various other claims.

Stay posted to the PLF Liberty Blog for forthcoming analysis and commentary on this decision. You can read the decision here.

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