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Individual Mandate: 2 Lawyers Debate Constitutionality: Introduction

Individual Mandate: 2 Lawyers Debate Constitutionality: Introduction. First of three articles I have the privilege to write for Medscape to cover the healthcare lawsuit argued topics. Note, you may have to do a free sign up to access the articles.

Posted at 05/2/12 4:05 PM

Nice Background on Florida Solicitor General Scott Makar

A Certain Appeal || Gulf Coast Business Review | Tampa Bay, Bradenton, Sarasota, Fort Myers, Naples. Interesting read on the background of a friend, Solicitor General Scott Makar.  I believe at this point he is the longest serving Florida Solicitor General.

Posted at 09/6/11 2:26 PM

Breaking: Eleventh Circuit Rules Obamacare’s Individual Mandate is Unconstitutional – Forbes

Breaking: Eleventh Circuit Rules Obamacare’s Individual Mandate is Unconstitutional – Forbes. This is a 300 pg. opinion, so more comments to follow.  11th Circuit decision on Constitutionality of Healthcare Nice Quotes: In sum, the individual mandate is breathtaking in its expansive scope. It regulates those who have not entered the health care market at all. […]

Posted at 08/12/11 1:19 PM

Charles Trippe’s litigation experience serves him well as Gov. Rick Scott’s top attorney – St. Petersburg Times

Interesting piece on the Governor’s General Counsel for those interested in learning more about who is now advising Governor Scott on Judicial Selection. Charles Trippe’s litigation experience serves him well as Gov. Rick Scott’s top attorney – St. Petersburg Times.

Posted at 07/25/11 10:14 AM

Healthcare Lawsuit- Judge strikes entire act based on individual mandate- but finds no merit to the Medicaid claim

Breaking news, decision just came down.  Analysis to follow. vinson-ruling Excerpt from the opinion: For the reasons stated, I must reluctantly conclude that Congress exceeded the bounds of its authority in passing the Act with the individual mandate. That is not to say, of course, that Congress is without power to address the problems and […]

Posted at 01/31/11 4:02 PM

Where judicial activism morphs into disregard

Where judicial activism morphs into disregard. Interesting article. The Ninth Circuit is maintaining its role as the most reversed circuit. Some excerpts below: Four times this month the U.S. Supreme Court has slapped down the Ninth Circuit Court of Appeals. Four times the Big Bench unanimously reversed Ninth U.S. Circuit Court of Appeals decisions. Unanimous […]

Posted at 01/30/11 1:20 PM

Court Allows Emanuel on Ballot for Chicago Mayor – NYTimes.com

Court Allows Emanuel on Ballot for Chicago Mayor – NYTimes.com. This is an interesting decision, written by a court that appeared intent on chastising the lower appellate tribunal.  If the supreme court analysis of Illinois law was correct, this is a classic case of judicial activism.  Opinion here: Rahm Some excerpts from the decision below: […]

Posted at 01/27/11 6:53 PM

Florida Health Care Lawsuit Update

Well, as I write this, the arguments are underway in federal court in Pensacola on the cross motions for summary judgment in the case challenging the constitutionality of Obamacare.  For those of you following this case closely, attached are the parties motions and responses that are being argued today:   Plaintiffs MSJ-Memo; Plaintiffs MSJREPLY ; Plaintiffs […]

Posted at 12/16/10 10:46 AM

Foreclosure Defenses- A Conservative Perspective

The Wall Street Journal has an article today about the attorneys who have done some of the litigation and discovery that has uncovered alleged “robo-signers.  Clearly, there is no excuse if employees of the banks have made false representations in documents, but this issue begs the question of the impact any misrepresentations should have on […]

Posted at 10/21/10 8:39 AM

Key count in health care lawsuit survives motion to dismiss

Today Judge Vinson issued his order on President Obama’s motion to dismiss in the health care lawsuit that Florida and other states have filed in the northern district. The key count, the unconstitutionality of the individual mandate requiring purchase of health care or a penalty survived, as did a coercion count in regard to the […]

Posted at 10/14/10 3:59 PM

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