Attorney Generals Attack Health Care Reform In Federal Court
September 15, 2010
The lawsuit challenging the federal health care law enacted this spring is likely to proceed after a federal judge in Pensacola said Tuesday that he was leaning toward letting at least some of the claims by several states against the administration continue.
After asking pointed questions of lawyers for the U.S. Department of Justice, and attorneys representing Florida and 18 other states, U.S. District Judge Roger Vinson said he would probably agree with the federal government on some claims and dismiss part of the suit, but let parts of it proceed.
Vinson did not suggest which parts of the claims against the Obama administration were likely to survive, meaning the contours of the case will not be clear until he issues his formal ruling Oct. 14. He did, however, set a schedule for future briefs and hearings, which included Dec. 16 oral arguments on a motion to find the health care law unconstitutional that attorneys for the state plan to file.
That was enough for Florida Attorney General Bill McCollum, who filed the legal challenge a day after President Barack Obama signed the health care law in March, to say Tuesday he was optimistic the case would go forward.
“I think we’ll be in standing at the end of the day for the case,” he told the News Service of Florida. “Obviously how he rules on all of this is very important to us. We certainly want to be there with the individual mandate; we want to be there with our claims for the states that we’re concerned about, the overload of Medicaid and so forth and state sovereignty.”
The National Federation of Independent Businesses, a co-plaintiff in the case, was hopeful Vinson would side with them on standing too.
“We are very encouraged,” said Karen Harned, NFIB executive director. “We felt that the constitution was really the star of the show today during arguments and we feel we’ve got that on our side.”
The DOJ argued that Tuesday should have been the end of the line for the lawsuit because the states, the National Federation of Independent Businesses and two Florida residents couldn’t challenge the legality of the health care law because they would not be affected by it until 2014, when the law is scheduled to be implemented.
The states countered that the law violates the Commerce Clause of the U.S. Constitution by requiring residents to purchase insurance, and that the requirement that states expand their Medicaid rolls violates the states’ rights guaranteed in the 10th Amendment.
Vinson questioned both sides, but appeared to be more sympathetic to arguments put forth by the states.
“This really puts all 50 states on the short end of the stick, because all the federal government has to say is ‘we’re going to give you some money, and you’re going to have to do this,’” Vinson said. “And for something such as health care, which (is) essential, the states are left powerless. Is that where we are?”
Vinson pointed out that Congress and President Obama maintained during debates in Congress that the health care bill would not raise taxes, but the Justice Department was arguing in court Tuesday that the bill could not be challenged because the federal government had the authority to levy taxes.
“I’ve given this a lot of thought,” Vinson said. “We had the Whiskey Rebellion because people rebelled against having to pay taxes for the whiskey that they made. The government never made people buy whiskey.”
Deputy U.S. Assistant Attorney General Ian Heath Gershengorn replied that Congress had determined that everyone was going to buy medical services at some point in their lives, whether or not they wanted to buy insurance.
“Congress found that there are separate markets here, one for medical services, one for health care,” he said. “Individuals cannot keep themselves (out of the medical services market) because they cannot control when they might get hit by a bus,” he said. “And when that happens, the individual gets care because we do not allow individuals to die on the floor of the emergency room.”
The mandate is allowed, the government argues because of the billions of dollars a year in unpaid medical bills absorbed by the market each year.
David Rivkin, Jr., a Washington, D.C. lawyer who worked in the administrations of Presidents Reagan and George H.W. Bush, and is representing the states in this case, disagreed.
“Cost shifting is not unique to health care,” he said. “It permeates every aspect of our market economy. Unfortunately, millions of Americans default on their credit card payments…millions of Americans fall into personal bankruptcy. What happens in those cases? The costs are shifted to other participants in the market.”
Despite Vinson’s pointed questioning, Gershengorn said he was confident legal precedent was on Washington’s side in the case.
“The states (are) free to disagree with policy judgments Congress has made,” he said as he wrapped up his argument. “They are not free to overturn 70 years of Constitutional law.”
But Blaine Winship, special counsel in the Florida AG’s office, argued that the court should weigh in on the health care law because it was so controversial.
“I concede we don’t have cases” where the states’ claim that they should be able to challenge the law on behalf of their residents, who were dual citizens of the state they live in and the country, Winship told Vinson. “We’re simply pointing out that if there ever was a case where (that) could apply, this is it.”
Joining Florida in the lawsuit are Alabama, Alaska, Arizona, Colorado, Georgia, Idaho, Indiana, Louisiana, Michigan, Mississippi, Nebraska, Nevada, North Dakota, Pennsylvania, South Carolina, South Dakota, Texas, Utah and Washington.
By Keith Laing
The News Service Florida
for NorthEscambia.com
Cantonment Men Involved In Highway 29 Crash
September 15, 2010
Two Cantonment men were uninjured in a traffic crash Monday afternoon on Highway 29 in Pensacola.
The Florida Highway Patrol says Lonnie G. Craft, 54, was northbound on Highway 29 in his 2003 pickup truck near Johnson Avenue when he went into diabetic shock. His truck struck the rear of a 2000 Chevrolet pickup driven by Omar Banmally, 39, of Cantonment. Craft traveled another tenth of a mile following the collision before he was stopped by an Escambia County Sheriff’s deputy who witnessed the crash.
There were no injuries in the traffic accident, but Craft was transported to Baptist Hospital due to his diabetic state, according to the FHP. Craft was charged with careless driving.
Northview Holds Open House
September 15, 2010
Parents and community members had the opportunity to visit Northview High School during their annual open house Tuesday night. Pictured top: Teacher Tom Meehan (foreground) explains vocational programs at the school to a group of parents and students. Pictured below: Students Savannah Singleton, Lauren McCall, Charleigh McPherson, Charla Stark attend the open house. NorthEscambia.com photos, click to enlarge.
Minnie Mae Hare
September 14, 2010
Minnie Mae Hare, 93, of Atmore, died Sunday September 12, 2010, at her residence. She was a homemaker, born on January 23, 1917, to the late Ephrom Berry and Louella Brewer Long at Grove Hill, Ala.
She is preceded in death by her husband, Reuben O. Hare and three sons, two unnamed and one named James Otis Hare.
Survivors include one son, Gary B. Hare and wife Sandra of Atmore; one daughter, Wanda H. McSwain and husband Richard of Cantonment; five grandchildren, Lisa Wheatley (Brian), Vicki Dettling (Seth), Rachel McSwain, John McSwain and Daniel McSwain; four great-grandchildren Hunter and Samuel Dettling, Brooke and Luke Wheatley.
Services will be held Wednesday September 15, 2010, at 11 a.m. from the Brooks Memorial Baptist Church with Rev. Dave Taylor officiating. Interment will follow in Oak Hill Cemetery. Active Pallbearers are James Helton, Jack Sharpless, Cereal Daniel, Hugh Long, Aubrey Till and Hubert Brown. Family will receive friends Wednesday September 15, 2010, at Brooks Memorial Baptist Church from 10 a.m. until service time.
Johnson-Quimby Funeral Home, Inc. is in charge of all arrangements
Johnny A. Dannelley
September 14, 2010
Johnny A. Dannelley, 79, of McCullough, Ala., died Sunday, September 12, 2010, at his residence.
He was born on May 28, 1931, in McCullough to the late John Henry and Minnie Sanders Dannelley. He was a veteran of Korean War. He employed by Escambia County (Ala.).
Survivors include his wife, Irma Dannelley of McCullough; two daughters, Marilyn L. Singleton and husband, Stanley Edward, of Atmore and Reginia Barron and husband, Wayne, of Pensacola.; two brothers, James Dannelley of Atmore and Vernell Dannelley of Pensacola; two grandchildren: Steve Luker Jr. and wife, Dawn, of Bratt and Amber Harrison and husband, Glendon, of Atmore; and two great-grandchildren, Alanna and Jacob.
Services will be held at 3 p.m. on Wednesday, September 15, 2010, from Johnson- Quimby Funeral Home Chapel. Interment will follow in the McCullough Cemetery.
The family will receive friends from 2 p.m. until service time on Wednesday, September 15, 2010, at Johnson-Quimby Funeral Home.
Johnson-Quimby Funeral Home, Inc. is in charge of all arrangements.
Two Injured In Highway 4 Crash; One Airlifted
September 14, 2010
Two people were injured in a single vehicle accident near Century Tuesday morning with one airlifted to a Pensacola hospital in serious condition.
The accident was reported about 10:20 a.m. on West Highway 4 near Lake Stone. The Florida Highway Patrol says Willie A. Mitchell, 53, of Century lost control while westbound, struck a tree and a culvert before overturning several times before his 2004 Toyota came to rest partially back in Highway 4. According to the FHP, Mitchell may have suffered a medical condition that led to the crash.
Mitchell was transported by LifeFlight to Sacred Heart Hospital in Pensacola, while his passenger, Alfreda Sanders, 48, of Century, was transported by ambulance to Jay Hospital with minor injuries.
Charges against Mitchell are pending, according to the FHP.
Engine 519 from the Century Station of Escambia Fire Rescue, Escambia County EMS and the Escambia County Sheriff’s Office responded to the accident.
Pictured above: Two people were injured in this single vehicle crash Tuesday morning near Lake Stone on West Highway 4. Pictured below: An adult male was transported by LifeFlight to Sacred Heart Hospital. NorthEscambia.com photos, click to enlarge.
Dennis William Mock
September 14, 2010
Dennis William Mock, 61 of Atmore, died Monday September 13, 2010, in Pensacola. He was born in Arlington,Va. on February 21, 1949, to the late Jim and Mary Davis Mock. He was employed by a tree service.
He was an U.S. Army Vet serving during the Vietnam War, and a member of the FirstAssembly of God Church of Atmore.
Survivors are his wife Sheila Hunt Mock of Atmore; two sons David Alan Mock and wife, Sheea of Bay Minette, Ala., Richard Domick Mock and wife, Brenda of Atmore; one daughter Tracy Baker and husband, Scott of Oak Grove; two brothers Michael Mock of Maryland and Rick Mock of Texas; one stepchild Rachel Cook of Ocala; and six grandchildren.
Services will be Friday September 17, 2010 at 2PM from Johnson-Quimby Funeral Home Chapel with Bro. Lame Harris officiating. Interment will follow in Pine Barron Cemetery, with full military honors.
Family will receive friends Thursday evening, September 16, 2010, at Johnson-Quimby Funeral Home from 6 p.m. until 8 p.m.
Johnson-Quimby Funeral Home, Inc. is in charge of all arrangements.
Bonnie Sue Hadley
September 14, 2010
Mrs. Bonnie Sue Hadley, 57, passed away on Friday, September 10, 2010, in Atmore.
Mrs. Hadley was a native and former resident of Houston, TX, and a resident of Atmore for the past 14 years. Preceded in death by her parents, Marvin and Betty Trueblood; two brothers, Danny Trueblood and Ronnie Trueblood; and two grandchildren.
Survivors include her husband, Lee Hadley of Atmore; two daughters, Linda and John Mangrum of Nashville, TN and Betty Hearne of Houston, TX; six grandchildren; a brother, Marvin Trueblood of Channelview, TX; and two sisters, Kathy Cooper and Clarice Martin, both of Channelview, TX.
Funeral services will be held Wednesday, September 15, 2010 at 10:00 A.M. at the Petty-Eastside Chapel Funeral Home with Sister Helen Stewart officiating.
Burial will follow at Lottie Methodist Cemetery.
Splash Pad, Walking Trail, More Could Be Coming To Century Park
September 14, 2010
There will be some major enhancements on the way for the Anthony Pleasant Sports Complex in Century if a grant application is successful.
Improvements would include a splash pad water feature, lighting for the football field, a walking trail about one mile in length that would connect to Showalter Park, and improved handicap parking.
The town is seeking a $200,000 grant from the Florida Recreation Development Assistance Program (FRDAP) from the Florida Department of Environmental Protection.
In order to qualify for the grant, the town was required to approve a five year comprehensive plan update. The updated plan calls for funding to be spent at the Anthony Pleasant Sports Complex; energy savings improvements at Century City Hall, the Ag Building and the former Helicopter Technology building; road paving, improvements to the potable water systems; improvements to the town’s natural gas system and drainage improvements in the Dogwood Lane area.
Monday night, the town council approved a resolution authorizing the mayor to sign the necessary documents to apply for the FRDAP grant, and the council also approved a second resolution encompassing the comprehensive plan updates.
A public forum to discuss the park grant application was held prior to the council meeting, but no member of the public addressed the council.
Pictured top: The Anthony Pleasant Sports Complex is to the right of the wooded area in this aerial photos. Showalter Park (with the softball/baseball fields) is to the left. Courtesy Google. Pictured inset: Century little league football action at Anthony Pleasant Park. NorthEscambia.com file photo, click to enlarge.
Escambia, Santa Rosa Students Allowed To Hear Obama Speech
September 14, 2010
Last year, students in Escambia and Santa Rosa schools were not allowed to a watch a live back to school speech by President Barack Obama. This year, teachers and principals at individual schools will be allowed to decide if their students will watch the speech live today.
To read the entire speech, click here.
In addition to the live broadcast, both the Escambia and Santa Rosa school districts will record today’s speech and make it available to teachers to show at a later date.
The speech begins at noon today from the Julia R. Masterman Laboratory and Demonstration School in Philadelphia, Pa. In addition to many cable news stations, the speech will be available with live steaming on whitehouse.gov at noon local time.
Last year, Obama’s back to school address encouraged students to study hard and do their best in school. The U.S. Department of Education released teacher lesson plans to go along with the speech. That lesson plan last year originally called for students to write a paper about how they can “help the president”, but that part was removed after considerable public outcry — especially from Republicans — that the White House was trying to indoctrinate students into supporting his policies.