Pensacola Judge: Health Care Lawsuit Can Continue
October 15, 2010
Florida and 19 other states can continue their quest to throw out a controversial federal health care law, a U.S. District Judge in Pensacola ruled Thursday in an order that sets the stage for further proceedings challenging President Barack Obama’s national health reform effort.
Judge Roger Vinson, who heard arguments for and against dismissing the case last month, ruled in favor of the states, the National Federation of Independent Businesses and two individuals on two key provisions in granting them approval to continue their challenge.
In a 65-page ruling, Vinson dismissed four of six counts, including arguments that law violated the states’ due process rights; that the mandate amounted to coercion instead of taxation and interfered with the state’s sovereignty.
But unlike fellow U.S. District Judge George Steeh, who dismissed a similar case in Michigan last week, Vinson agreed with the states that the health care law could violate the U.S. Constitution’s commerce clause and could be considered an undue expansion of Medicare. Despite arguments by the U.S. Department of Justice seeking dismissal of all counts, the judge said those issues must be decided by the court.
“Starting in the First World War, there have been at least six attempts by the federal government to introduce some kind of universal healthcare insurance coverage,” Vinson wrote. “At no point — until now — did it mandate that everyone buy insurance (although it was considered during the healthcare reform efforts in 1994.) While the novel and unprecedented nature of the individual mandate does not automatically render it unconstitutional, there is perhaps a presumption that it is.”
Attorney General Bill McCollum, who filed the Florida lawsuit the same day President Barack Obama signed the health care law in March, hailed Vinson’s decision, which sets the stage for hearing Dec. 16 asking Vinson to summarily throw the health care law.
“This ruling is a victory for the states, small businesses and the American people,” McCollum said in a statement. “It is the first step to having the individual mandate declared unconstitutional and upholding state sovereignty in our federal system and means this case will go forward to the summary judgment hearing that the court has set for December 16th.”
Attorneys for the federal government said Thursday they remain confident that the federal law will stand. They argued last month that the U.S. Constitution gives Congress broad taxation powers and that the government could levy penalties for non-compliance.
“The judge saved for another day the decision on the merits of two claims, and we remain confident that the law ultimately will be upheld,” said DOJ spokesperson Tracy Schmaler. “The only Court that has decided the constitutionality of this law has sustained it and found that the minimum coverage provision was a reasonable step for Congress to take in reforming the nation’s health care system.”
In his ruling Thursday, Vinson cautioned both sides in the Florida case not to take his decision to allow the case to proceed as a final statement on the merits of the health care law. That would come by the end of the year, according to a schedule lawyers on both sides agreed to last month, he said.
“In this order, I have not attempted to determine whether the line between constitutional and extra constitutional government has been crossed,” the Florida judge wrote. “That will be decided on the basis of the parties’ expected motions for summary judgment, when I will have the benefit of additional argument and all evidence in the record that may bear on the outstanding issues.
“I am only saying that (with respect to two of the particular causes of action discussed above) the plaintiffs have at least stated a plausible claim that the line has been crossed,” Vinson concluded.
Vinson, a 1983 Reagan nominee who has presided over high profile cases with national implications before, did not accept federal arguments that the mandate was protected by federal taxation powers. During oral arguments last month, he pointed out that President Obama and Congress went to great lengths to say the health care law was not a tax.
“For that reason, the defendants are wrong to contend that what Congress called it ‘doesn’t matter,’” he wrote. “To the extent that the label used is not just a label, but is actually indicative of legislative purpose and intent, it very much does matter. By deliberately changing the characterization of the exaction from a ‘tax’ to a ‘penalty,’ but at the same time including many other ‘taxes’ in the Act, it is manifestly clear that Congress intended it to be a penalty and not a tax.”
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.
Vinson is the second judge in recent months to reject the government’s arguments that those challenging the new law lack standing and their claims are not ripe for adjudication. In August, U.S. District Judge Henry Hudson in Virginia refused to dismiss another challenge brought by Virginia Attorney General Ken Cuccinelli. He will hold a summary judgment hearing on Oct. 18.
NFIB Executive Director Bill Herrle lauded Vinson’s decision to disagree with federal lawyers, who argued that NFIB did not have standing to sue against the lawsuit on behalf of its members and that Florida residents Mary Brown and Kaj Ahlburg who don’t have insurance and don’t want it, could not challenge the suit because the mandate has not yet taken effect. The mandate is not schedule to take effect until 2014.
“Now pundits can’t just summarily dismiss this as a frivolous political gesture,” Herrle said Thursday. “This has to be taken seriously by all Americans.”
By Keith Lang, The News Service Florida
Lady Chiefs Honor Volleyball Seniors, Sweep Jay Royals
October 15, 2010
The Northview Lady Chiefs honored their senior players Thursday night as they defeated the Jay Royals in three straight games. The JV Chiefs also took two straight from Jay.
“We had a great ceremony for our seniors and I felt that the players did a great job with their messages to each other and the team. All 6 seniors started and played in every game during our match with Jay. I feel that this is a testament to the great senior class that we have this year,” Northview Head Coach Betty Heaton said. “Through out their game they stayed positive as a team even when the score was tight. They did a great job finishing each game.”
The Northview Seniors are profiled at the bottom of this page.
Varsity
The varsity Lady Chiefs beat Jay in three games, 25-21, 23-22, 25-20.
The seniors lead the Lady Chiefs to victory, with Shawna Montgomery having 13 kills, two blocks and two aces. Sarah Killam added half a dozen assists and a couple of aces. Ashley Digmon had eight assists, two aces and an assist, while Kara Hardin recorded two kills, three aces, one block and an assist. Katie Wieborg had three kills and one ace for the Lady Chiefs.
With the win, the varsity Lady Chiefs improved to 5-3 in the district.
JV
The JV Lady Chiefs down the Jay Royals in two, 25-11, 25-20.
“JV did a great job coming out ready to play. I was pleased with their level of communication on the court and the effort they gave,” Heaton said.
Hannah Fiellin and Rebecca Masaitis each had one kill and one ace. Madison Arrington had one ace and an assist, while Rebecca Grim had one kill. The JV Chiefs also had a two kills from Ali Martin.
The JV Lady Chiefs are 7-8 overall.
(Article continues below photo)
Northview Lady Chiefs Seniors
Senior members of the school’s varsity volleyball team (pictured above and top of page) are:
Trestine Dean #10
Trestine enjoys physical eduction in school and hopes to become a doctor. She enjoys pizza, Criminal Minds, the movie Madea Goes to Jail and likes all types of music.
Ashley Digmon #9
Ashley’s favorite subject in school is physical education, and she plans to become a teacher. She likes country music, American Idol and The Notebook. Her favorite food is chicken.
Sarah Killam #24
Sarah’s favorite class is English, and she plans to be a physical therapist. She enjoys watching 7th Heaven and the movie Step Up. He likes Christian music, and her favorite food is “anything”.
Kara Hardin #2
Kara enjoys physical education and plans to be a cosmetologist. Her favorite movie is Dear John, and on TV she likes The Secret Life of the American Teenage. She likes steak and country music.
Shawna Montgomery #4
Shawna plans to be an athletic trainer; he favorite subject in school is physical education. She enjoys Christian music, the movie Superstar, the TV show Grey’s Anatomy and her favorite food is roast.
Katie Wieborg #5
Katie enjoys watching The Secret Life of the American Teenager and The Notebook. Her favorite dish is Chicken Roban, and she enjoys country music. In school she like physical eduction. She plans to become a missionary.
Source: NorthviewChiefs.com
Northview, Freeport To Battle For District Lead
October 15, 2010
Tonight will be a battle for the top in FHSAA District 1-A as the Northview Chiefs are on the road against the Bulldogs of Freeport. The Chiefs are the only District 1-A team that is undefeated overall, but the Chiefs and the Bulldogs are both 4-0 in district play. Vernon is 4-1 in district play.
The other North Escambia area team in District 1-A is the Jay. The Royals (0-5, 0-4) are hoping for a homecoming win over South Walton.
Cooler Fall Weather
October 15, 2010
Cooler fall weather has arrived, with overnight lows dipping into the lower 40’s.
Here is your official North Escambia rain-free forecast:
- Tonight: Clear, with a low around 46. West wind around 5 mph becoming calm.
- Saturday: Sunny, with a high near 80. Calm wind becoming north around 5 mph.
- Saturday Night: Clear, with a low around 44. Calm wind.
- Sunday: Sunny, with a high near 83. Calm wind becoming southeast around 5 mph.
- Sunday Night: Mostly clear, with a low around 48. Calm wind.
- Monday: Sunny, with a high near 84. Calm wind becoming south around 5 mph.
- Monday Night: Mostly clear, with a low around 51. South wind around 5 mph becoming calm.
- Tuesday: Sunny, with a high near 82. Calm wind becoming south around 5 mph.
- Tuesday Night: Mostly clear, with a low around 53.
- Wednesday: Mostly sunny, with a high near 81.
- Wednesday Night: Partly cloudy, with a low around 51.
- Thursday: Mostly sunny, with a high near 79.
Tonight’s Prep Football
October 15, 2010
Here is a schedule of area prep football games tonight in the North Escambia area.
Remember, if you are attending a game, we encourage you to email us scores, stats and/or photos tonight to news@northescambia.com.
Florida
Northview at Freeport
Brother Martin at Tate
South Walton at Jay
Choctawhatchee at West Florida
Gulf Breeze at Washington
J.R. Arnold at Pensacola
Escambia at Catholic
James Rickards at Pace
Crestview at Milton
Alabama
Flomaton at Millry
Jackson at Escambia County (Atmore)
T.R. Miller at Trinity Presbyterian
Thomasville at W.S. Neal
Wilcox at Escambia Academy
JV West Florida Jags Down NHS Chiefs (With Photo Gallery)
October 15, 2010
The junior varsity Northview Chiefs fell to the West Florida High School Jaguars Thursday evening. 20-16.
For a photo gallery from the game, click here.
The Jaguars took the lead 8-0 in the first quarter with 5:39 on the clock.
About two minutes later, the Chiefs crossed midfield deep into Jaguar territory on a Kevin Vaughan pass to Dalton Daniel. On the next play, Vaughan was in on a 15-yard quarterback keeper. A good two point conversion, and the game was tied 8-8 in Bratt.
The Jaguars would strike again with just 50 seconds to go in the first quarter. West Florida fumbled away their chance at two for a 14-8 lead headed into the second.
The second quarter remained scoreless until just 50 seconds before the half and a 21-yard touchdown run from sophomore Dy’shun White. A two-point pass to Chris Madison was good, and the Chiefs took a 16-14 lead over West Florida into the third quarter.
West Florida went on to claim a 20-16 win over the Northview Chiefs.
The Chiefs will travel to Escambia County (Atmore) on October 25 for their final game of the season.
For a photo gallery from the game, click here.
Pictured: The junior varsity Northview Chiefs take on West Florida High Thursday in Bratt. NorthEscambia.com photos, click to enlarge.
Traffic: That’s Just Nuts
October 14, 2010
Traffic was just “nuts” on North Highway 99 for a couple of hours Thursday afternoon after a semi-truck’s load of peanuts was accidently spilled over a stretch of the highway. The incident happened about 12:45 p.m. near Highway 164. The roadway was cleared by about 3 p.m.
NorthEscambia.com photos, click to enlarge.
15-Year Struck By Car Passes Away
October 14, 2010
A 15-year old struck by a car as he walked along Nine Mile Road Tuesday night has passed away.
The Florida Highway Patrol says Shawn Youngstrom, 15, of Pensacola, was walking in the dark in the turn lane from Nine Mile Road to Allegheny Avenue when he was struck by a SUV driven by Jeremy Gravette, 33, of Pensacola about 7 p.m.
Youngstrom was flown to Sacred Heart Hospital. Gravette and a six year old passenger in his vehicle were not injured.
Two Found Shot To Death In South Escambia County
October 14, 2010
Two people were discovered shot to death in south Escambia County late last night.
The Escambia County Sheriff’s Office responded to weapons discharge call on Old Corry Field Road at the Royal Crest Apartments about 11:42 p.m. Wednesday. When the arrived, a security guard told them that he heard several gunshots in the apartment complex.
As deputies walked the complex, they discovered two adults, one male and one female, shot to death outside an apartment.
“At this time investigators are following up on several leads. No suspects have been taken into custody at this time,” according to Sgt. Ted Roy, spokesperson for the Sheriff’s Office.
The names of the victims are being withheld until next of kin are notified.
Judy Dianne Bondurant
October 14, 2010
Mrs. Judy Dianne Bondurant, age 59, passed away Monday, October 11, 2010 in a Pensacola hospital.
Mrs. Bondurant was a native and long time resident of Flomaton, and had lived for a short time in Century. She was employed as a teller at Escambia County Bank. Mrs. Bondurant was a member of Catawba Springs Baptist Church.
She is survived by her husband, Donald J. Bondurant of Flomaton; her father, Hughie Jernigan of Century; a son, Jeffrey J. Bondurant of Albuquerque, NM; a sister, Joan Mize of Flomaton; and two grandchildren.
Funeral services will be held on Thursday, October 14, 2010 at 10 a.m. from the chapel of Flomaton Funeral Home with Rev. Jeff Edwards officiating. Interment will follow in Mize-Wadkins Cemetery.
Visitation was held at Flomaton Funeral Home on Wednesday from 6 p.m. until 9 p.m.
Pallbearers will be Dewey Bondurant, Jr., Lee Jernigan, Earnie White, Danny White, Pat Carden, Jim McCutchin, Darrell Kalichak, and Larry White.