| This week, opening arguments begin in a Florida | | | | legislation for two reasons. The first is that this |
| courtroom for the highly publicized healthcare | | | | particular provision (the health insurance plan |
| reform lawsuit. Over 20 states contend that the | | | | mandate) does not take effect until 2014; until |
| Obama administration's legislation is unconstitutional. | | | | then, it would be premature for any party to |
| Specifically, they believe that the individual | | | | prove harm. |
| mandate provision--which requires most people to | | | | In addition, they contend that it will be individual |
| either buy a health insurance plan or pay a | | | | taxpayers, not state governments, that will be |
| fine--violates the 10th Amendment of the | | | | directly impacted. Therefore, the responsibility |
| Constitution, which states that all powers not | | | | rests on those individuals to file legal challenges. A |
| expressly given to the federal government are | | | | handful of individuals have already taken that to |
| left to the states. | | | | heart, including Matt Sissel, who wrote a widely |
| Over the decades, there have been varying | | | | circulated op-ed piece about his decision. Sissel's |
| interpretations of that amendment. Although the | | | | seperate lawsuit is currently pending in federal |
| idea of federalism is generally upheld, the national | | | | court, and may have more of a chance of |
| government has been allowed more leeway in its | | | | succeeding. |
| actions. The current administration is hoping that | | | | Led by conservative lawyers David Rivkin and |
| the judge will support a loose construction of the | | | | Lee Casey, parties to the main lawsuit claim that |
| constitution. Their lawyers' goal is to get the | | | | they are experiencing negative impacts now. For |
| lawsuit thrown out, on the grounds that the | | | | example, the Small Business Legal Center (part of |
| commerce clause of the Constitution allows for | | | | the National Federation of Independent |
| the federal government to regulate actions that | | | | Businesses) states that anticipation of the |
| affect commerce across state lines. They also | | | | upcoming changes have resulted in higher costs |
| point to the general welfare clause of that | | | | and smaller businesses being forced to give up |
| document as justification. | | | | their health insurance plan. |
| Moreover, federal attorneys claim that the states | | | | Most likely, the Pensacola judge will escalate the |
| in question--most with Republican attorney | | | | issue to the Supreme Court. Afterward, those |
| generals--lack the standing to challenge the | | | | nine justices will be watched very carefully. |