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State of Florida vs Dept of Health & Human Servs 2011-01-31

State of Florida vs Dept of Health & Human Servs 2011-01-31

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Published by Paul Jackson
Federal judge rules health care law unconstitutional, in State of Florida vs. Dept. of Health & Human Servs.
Federal judge rules health care law unconstitutional, in State of Florida vs. Dept. of Health & Human Servs.

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Published by: Paul Jackson on Jan 31, 2011
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01/31/2011

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1/31/11 5:37 PM

Case 3:10-cv-00091-RV -EMT Document 150

Filed 01/31/11 Page 1 of 78

Page 1 of 78

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION STATE OF FLORIDA, by and through Attorney General Pam Bondi, et al.; Plaintiffs, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al., Defendants. ____________________________________/ ORDER GRANTING SUMMARY JUDGMENT On March 23, 2010, President Obama signed health care reform legislation: ““The Patient Protection and Affordable Care Act.”” Pub. L. No. 111-148, 124 Stat. 119 (2010), as amended by the Health Care and Education Reconciliation Act of 2010, Pub. L. No. 111-152, 124 Stat. 1029 (2010) (the ““Act””). This case, challenging the Constitutionality of the Act, was filed minutes after the President signed. It has been brought by the Attorneys General and/or Governors of twenty-six states (the ““state plaintiffs””)1; two private citizens (the ““individual plaintiffs””); and the National Federation of Independent Business (““NFIB””) (collectively, the ““plaintiffs””). The defendants are the United States Department of Health and Human Services, the Department of Treasury, the Department of Labor, and their secretaries (collectively, the ““defendants””). I emphasized once before, but it bears repeating again: this case is not about Case No.: 3:10-cv-91-RV/EMT

The states are Alabama, Alaska, Arizona, Colorado, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Maine, Michigan, Mississippi, Nebraska, Nevada, North Dakota, Ohio, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Washington, Wisconsin, and Wyoming.

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