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  • Update on Constitutionality of Healthcare Lawsuit -DOJ Response

    The Federal Government had just filed its motion to dismiss and memo of law in support in the case Attorney General McCollum filed in the Northern District of Florida, Case No. 3: 1 O-cv-91-RV/EMT.  The memo of law is here DOJ MTD Memo 55-1.  Analysis of the points raised in the motion will follow. The…

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  • Supreme Court Ruling in Graham: Life Without Parole for Juvenile

    Having just read this decision, and the evolution of the evolving standards of decency and proportionality review, in addition to the first ever time that I remember the court completing a social study that was cited  by a party, and using it to justify the holding in the case- all I can say is wow-…

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  • Amended complaint filed in Florida Challenge to Healthcare Act

    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

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  • Experts Split on State Lawsuits Over Health Care Law – NYTimes.com

    Experts Split on State Lawsuits Over Health Care Law – NYTimes.com. Will have to give the times their due, this is a more reasoned explanation of the key issues in the case then most analysis I have seen by the Times.

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  • Lawsuit filed by McCollum Challenging Constitutionality of Healthcare Legislation

    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…

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  • Blogger Status Update

    Some of you may have wondered whether there would be anymore updates, and the answer is yes- there are plenty of interesting matters to cover. For the past two months I just was caught up in some major client projects- do have to pay the bills after all, and as the father of 4 month…

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  • Update on Sansom Odom Appeal 1st DCA opinion 09-5158

    Well if you remember the October 15th Post on the Motion to Dismiss charges against Sansom and Odom, we predicted the odds of a reversal on appeal would be slim, and the IST DCA has just turned down the appeal as to Sansom and Odom as one that that State had no jurisdiction to file. …

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  • Ist DCA issues ruling in Prison Ministries Case- Finds Plaintiffs have stated a Claim

    This morning the First DCA  issued its decision in 08-4713 COUNCIL FOR SECULAR HUMANSIM, INC., RICHARD HULL and ELAINE HULL, v. WALTER A. MCNEIL, in his official capacity as Secretary of Corrections of Florida: PRISONERS OF CHRIST, INC., a Florida corporation; and LAMB OF GOD MINISTRIES, INC., Florida corporation. The Court basically reversed the trial…

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  • Selective Empathy – Opinionator Blog – NYTimes.com

    Selective Empathy – Opinionator Blog – NYTimes.com. Greenhouse has some interesting thoughts about a very unusual per curiam opinion that was issued by the U. S. Supreme Court in a Florida ineffective assistance of counsel  capital case, Porter, this week.  Basically, the court said that failure to present evidence at the sentencing portion of the…

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  • Landowners along Florida beaches ask Supreme Court to examine taking of private property – washingtonpost.com

    Landowners along Florida beaches ask Supreme Court to examine taking of private property – washingtonpost.com.   Good high level analysis of the takings case that will be heard by the Supreme Court December 2- I will be in DC that Day but am speaking during the OA and unfortunately will not be able to attend- it…

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