Florida and 19 other states cleared an early court hurdle last week in their fight against the federal health-care law. But attorney general candidate Dan Gelber isn't applauding.
Like many Democrats who support Obamacare, Gelber has called the challenge frivolous and without constitutional basis. U.S. District Judge Roger Vinson thinks otherwise, writing in his 65-page ruling:
"This is not even a close call. ... The power that the individual mandate seeks to harness is simply without prior precedent."
In letting the plaintiffs' case move forward, Vinson is ready to explore not only the individual mandate issue, but the question of whether Obamacare imposes a "tax" or a "penalty" for non-compliance. The skeptical judge called Congress' justifications an "Alice in Wonderland" moment.
Americans are skeptical, too. According to a YouGov Polimetrix poll, 55 percent believe the new law will cause them to get lower-quality care, pay more in insurance premiums or taxes, or both. A plurality want the law repealed.
Floridians like the law even less, yet Gelber maintains that the state's legal fight is a waste of time. If elected attorney general, the Democrat could pull Florida out of the case.
But polls show that's not what the majority of Floridians want -- especially now that their state's legal challenge is gaining traction in federal court.
Republican attorney general candidate Pam Bondi says she will stay the course set by AG Bill McCollum.
"Judge Vinsons ruling was an important first step for Florida and the 19 other states, as well as for the small-business owners of our country that are opposing the unprecedented expansion of federal power in the recently passed health-care legislation," Bondi said in a statement Monday.
"The legislation, if implemented, would cost Florida over $1 billion during a time that unemployment is high, our businesses are struggling, and our state government must continue to meet its constitutional requirement to balance its budget," Bondi stated.
"Furthermore, by mandating individuals to purchase health insurance, this legislation is an affront to basic notions of individual freedom."
Bondi said, "There is nothing more important than defending the constitutional rights of our citizens, and I am committed to continuing the lawsuit to protect those rights if I am elected Floridas next attorney general.
Likewise, GOP gubernatorial candidate Rick Scott said he would press the case.
"Obamacare is an unconstitutional overreach by the federal government and Im hopeful that the courts will recognize this and put an end to this travesty, said Scott.
Taking a shot at his Democratic rival, Alex Sink, the former health-care executive added, "Its unfortunate that my opponent supports Obamacare and opposes this lawsuit."
Ben Gordon, a Florida attorney who clerked for Judge Vinson, said the case is getting interesting.
Unlike a Michigan case, where a judge narrowly upheld the constitutionality of the federal health-care law, the Florida case "will be a broader argument," Gordon said.
The tax-or-penalty question could prove particularly dicey for defenders of the law, Gordon suggested. "Judge Vinson seems to think it looks like a penalty," he said.
Vinson's preliminary ruling -- support for litigation and concern about the law's impact on individual rights -- conformed to what Gordon predicted in an earlier Sunshine State News story.
"There were no surprises. The key parts of the case are still in," he said.
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Contact Kenric Ward at kward@sunshinestatenews.com or (772) 801-5341 begin_of_the_skype_highlighting(772) 801-5341end_of_the_skype_highlighting.
