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Wednesday, September 28, 2011

State of Florida files a Petition for Writ of Certiorari challenging the Patient Protection and Affordable Care Act

Attorney General's Weekly Newsletter
Volume 9, Issue 37 • September 28, 2011


Today, Florida and the 25 other states challenging the Patient Protection and Affordable Care Act announced that we have filed a Petition for Writ of Certiorari asking the U.S. Supreme Court to review the decision of the United States 11th Circuit Court of Appeals.

This health care law is an affront on Americans' individual liberty, and we will not allow the federal government to violate our constitutional rights. Our country urgently needs a final ruling from the U.S. Supreme Court.

Although the Eleventh Circuit agreed with the States that the Act's individual mandate requirement violates the Constitution, the States have asked the Supreme Court to review three other aspects of the opinion: (1) whether the entire Act must fail because its centerpiece - the mandate that every person purchase insurance - is unconstitutional; (2) whether the federal government can force the States to administer and fund a substantial expansion of Medicaid or risk all of their Medicaid funding; and (3) whether the federal government can require States to give state employees a federally mandated level of health insurance coverage.

This case is paramount in our history and will define the boundaries of Congress’ power as set forth in our Constitution. We must defend Americans’ rights and freedoms and prevent us from being forced into purchasing anything.

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