Since the passing of President Obama's sweeping health care legislation, upset states and businesses have been looking for ways to undermine the law. Today, they get their day in court.
At 9 a.m. ET in a Pensacola, Florida courtroom, U.S. District Judge Roger Vinsonin will hear arguments by states who say the law's individual mandate to buy insurance is unconstitutional, while the National Federation of Independent Businesses will argue that the mandate will force higher costs on small business.
The Justice Department, citing the governments right to levy taxes on its citizens, will ask the judge to dismiss the case.
“In the US Constitution there’s no place in it where the federal government is given the power to say, if you are sitting at home watching television that you’ve got to buy a product of any type, especially in this case a health care policy,” said Florida Attorney General Bill McCollum.
In August, a judge refused a similar request from the Justice Department to dismiss a lawsuit by Virginia Attorney General Ken Cuccinelli, concluding that there are legitimate constitutional questions raised by the law.