The Legal Conservative

With a very rapid ruling, oral argument only having been held this morning, the 11th Circuit has preliminarily enjoined Florida from paying our any state funds to McCollum once Scott exceeds the 24.9 million cap. Opinion is attached scotts-appeal-ruling.  Basically, the court held that Scott’s speech would be impaired, Strict scrutiny would apply, no compelling interest had been demonstrated, but even if anti corruption were a compelling interest, the state statute was not narrowly tailored to address that interest.

Here it is – weekend reading, the amended complaint filed by Attorney General Bill McCollum in the challenge to the constitutionality of the health care act.  Analysis to follow.   AMENDED COMPLAINT FINAL Date Stamped 051410

Attached is a copy of the suit just filed challenging the constitutionality of President Obama’s Health Care Legislation. Analysis to follow, but wanted to get the suit up immediately, it has been filed in Federal Court in the Northern District of Florida.  Healthcare Unconstitutional COMPLAINT (03-23)

Ok, having had time to review the complaint, the basic arguments are summarized below:

1. Congress has no Constitutional authority to pass this healthcare act, not authority under Art I, or specifically the commerce clause or the taxing and spending clause.
2. Congress, by depriving the states of control over their budget processes because of  the unfunded mandates in this bill, has deprived the states of their sovereignty and the right to a republican form of government guaranteed under Art IV, Sec. 4 of the constitution.
3. Congress has violated the states’ 10^th amendment rights by requiring that states and state employees be agents of the Federal Government to enforce Federal Regulation, without federal payment.
4. Congress imposing a tax penalty for failure to have insurance is a violation of Art I, Sections 2 and 9, in that this is a direct that is not apportioned among the states according to a census, and is unrelated to any taxable activity or income.
5. Congress imposing a tax penalty for inactivity or a failure to engage in an activity is in violation of the powers reserved to the States or the people under the 10^th amendment, and is not predicated on any constitutional grant of authority to congress.