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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 state participation in the federal health scheme. Several other counts were dismissed, because of existing Supreme Court precedent that cannot be changed but by the Supreme Court, but the individual mandate count surviving is key. Health Care Order on Motion to Dismiss

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