Attorney General Bill McCollum News Release
October 14, 2010
Media Contact: Jenn Meale
Phone: (850) 245-0150
Attorney General McCollum Issues Statement on the Court’s Ruling on the Motion to Dismiss in Federal Health Care Lawsuit
TALLAHASSEE, FL - Attorney General Bill McCollum issued this statement following the court’s ruling on the motion to dismiss in the federal health care lawsuit brought by 20 States and the National Federation of Independent Business (NFIB) before the U.S. District Court in Pensacola, Florida:
“This ruling is a victory for the States, small businesses and the American people. It is the first step to having the individual mandate declared unconstitutional and upholding state sovereignty in our federal system and means this case will go forward to the summary judgment hearing that the court has set for December 16th.
“Congress has no constitutional authority to force the individual mandate and its penalty on Americans who cannot afford or do not wish to have health insurance. Regardless of whether the Obama Administration argues it is a tax or regulation, it is an unjust burden on the American public.
“Furthermore, our system of federalism under the U.S. Constitution ensures that federal government cannot bully the States by forcing us into a no win decision. Obamacare imposes a massive expansion of the Medicaid entitlement program on the States – a financial burden that States and taxpayers do not want and cannot afford.
“This ruling confirms the significance of this lawsuit protecting against the federal health care act’s intrusions on individual liberty and limited government.”
***A summary analysis and copy of the ruling will be sent out later today.***