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“The powers not delegated to the United States by the Consitution, nor prohibited by it to the States are reserved to the States respectively or to the people.”
US Constitution - 10th Amendment

Prevailing in Pensacola
Florida Sues Federal Government Over Patient Protection and Affordable Care Act
Other States Join Lawsuit
- By Scott Rohter, February 2011

            On March 23, 2010, the very same day that President Obama signed the historic Health Care Legislation, nineteen other states joined Florida and filed suit in Federal District Court in Pensacola, Florida against the Obama Administration over its Patient Protection and Affordable Care Act, dubbed “Obama Care.” Since its filing six more states have joined the lawsuit, making the total number of states suing at twenty-six. On January 31, 2011 Judge Roger Vinson returned a decision in favor of the twenty-six states and ruled that the Democrat’s landmark healthcare legislation was entirely unconstitutional! That is the second such ruling in as many months returned by a Federal Court against the President’s overreaching healthcare initiative. The last court ruling came down from the U.S. District Court in Richmond, Virginia. See my article: Victory in Virginia. The Obama Administration promptly vowed to appeal the Florida decision to a higher court. It is now headed to the Eleventh Circuit Court of Appeals in Atlanta. The Richmond, Virginia case is headed to the fourth Circuit Court of Appeals, where oral arguments are scheduled for May.

Two cases have been won by the Obama Administration. Sixteen other lawsuits have been filed but dismissed for various reasons. A twenty first law suit against the “Health Care Law” has been filed in Ohio Federal District Court and is scheduled for a hearing sometime later this year. If the plaintiff in the Ohio case prevails then these three cases will probably be combined and eventually heard by the United States Supreme Court. Meanwhile the Obama Administration is pushing forward, full speed ahead with implementing the law as if none of this is occurring.

The Score Card
 
Won
Lost
Draw
States
2
2
16
Feds
2
2
16

If the case were to be heard today by the U.S. Supreme Court, the prevailing thinking is that there would be four justices in favor of Obama Care, four justices opposed to Obama Care, and one justice Anthony Kennedy undecided.

"The Tally"
In Favor
Opposed
Undecided
     
Briar
Roberts
Kennedy
Ginsburg
Scalia
Sotomayor
Thomas
Kagan
Alito

            The constitutionality of the Patient Protection and Affordable Care Act will be decided by a single vote! It will all be decided by one vote and by one man, Supreme Court Associate Justice Anthony Kennedy. That is why it is absolutely imperative that a real conservative wins the Republican Party Nomination for President in 2012, and a real conservative wins the Presidential Election and that no more liberal progressive Justices are appointed to the Supreme Court!

"A journalist has no better friend than the truth." - Scott Rohter

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