The Effect of the ‘Shellacking’ on the Fla. Obamacare Lawsuit

by Hans A. von Spakovsky

Judge Roger Vinson, the federal judge in the lawsuit filed in Florida contesting the constitutionality of Obamacare, issued an order today allowing six more states to join the litigation: Ohio, Kansas, Wyoming, Wisconsin, Maine, and Iowa. According to his order, all of these states are “represented by Attorneys General and/or Governors who have just recently taken office following the November 2010 elections.” The change in political control of numerous states — like the complete takeover of state government by Republicans in Wisconsin — has made an obvious difference in the fight to overturn Obamacare.

There are now 26 states suing the Obama administration in Florida, along with two individual plaintiffs and the National Federation of Independent Business. This means that a majority of state governments are fighting the federal government. If not unprecedented, it’s certainly a rarity. It’s also powerful testimony that most Americans — and their elected leaders in state government — feel the administration’s approach to health care is completely wrong-headed.

The fact that a majority of state governments are contesting the power of the federal government under the Constitution on this issue will certainly have an impact not just on Judge Vinson, but on the appellate court and ultimately the justices of the Supreme Court. The gravity of that fact cannot fail to influence the outcome of this case.

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