..... federal Judge Roger Vinson of Florida's Northern District last month threw out four of the six counts in the suit but retained two. They are:
1. Count One: The individual mandate and concomitant penalty exceed Congress’s authority under the Commerce Clause and violate the Ninth and Tenth Amendments.
2. Count Four: The Act coerces and commandeers the states with respect to Medicaid by altering and expanding the program in violation of Article I and the Ninth and Tenth Amendments.
The suit was filed March 23, the same time President Obama signed healthcare reform into law.
http://thehill.com/blogs/healthwatch/health-reform-implementation/128921-effort-to-reject-legal-challenge-against-health-reform-gathers-steam
Article I
Commerce clause Section 9
No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.Amendment IX.
(Ratified December 15, 1791)
The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.
Amendment X.
(Ratified December 15, 1791)
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
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