20 states set to ask Florida judge to hear lawsuit challenging Obama’s health care overhaul

By Jennifer Kay, AP
Thursday, August 5, 2010

States respond to feds’ motion to dismiss lawsuit

PENSACOLA, Fla. — Twenty states and the nation’s most influential small business lobby are about to respond to the federal government’s attempt to dismiss their lawsuit challenging President Barack Obama’s health care overhaul.

The states, the National Federation of Independent Business and several individual taxpayers will file their response Friday.

A key issue raised in the lawsuit is whether the federal government can require individuals to purchase health care insurance and fine those who fail to do so.

Florida Attorney General Bill McCollum, a Republican candidate for governor, is leading the legal challenge. The Justice Department in June asked a federal judge to dimiss the lawsuit, saying Pensacola’s federal court lacks subject-matter jurisdiction over some of its claims.

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