“But if the watchman see the sword come, and blow not the trumpet, and the people be not warned;

if the sword come, and take any person from among them, he is taken away in his iniquity;

but his blood will I require at the watchman's hand."

Ezekiel 33:6

"A righteous man falling down before the wicked is as a troubled fountain, and a corrupt spring."

Proverbs 25:26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

*Florida Supreme Court Blocks States' attempt to Nullify Obamacare Mandate

*(Look for the waving Florida Flag, for issues pertinent to Florida Voters)*

Amendment 7 (Nullification of Federal Health-Care Law) removed from November Ballot!

If you have taken a pledge NOT to vote for supporters of "Obamacare," then the following information will be useful.

Know who is to blame for this:
Vote "No" on the retention of the following FL Supreme Court Justices:

Jorge Labarga
James E.C. Perry

Vote "Yes" to retain in office the following, for they are the only two dissenting votes:
Charles T. Canady
Ricky L. Polston

Does federal health-care law illegally trample states' rights, and surpass federal authority to regulate interstate commerce? 

HOW WE GOT HERE: Congress passed a health-care reform bill that raised questions about whether individuals have a fundamental right to health care, and whether the government can force people to buy insurance.
THE LATEST: The Florida Legislature voted in April to place a proposal on the ballot asking voters to nullify the federal requirements of the health reform legislation. In addition, Florida's attorney general sued the federal government over the measure. The federal government then asked a judge to dismiss that lawsuit. Meanwhile, on July 2, four Florida voters filed suit against the amendment on the grounds its ballot language is misleading. On July 23, a circuit judge rejected a request to place on the ballot the entire proposal instead of relying on a ballot summary, which opponents contend is politically charged and inaccurate. On July 29, a circuit judge sided with the four Florida voters and struck the measure from the ballot, calling the ballot language "misleading." On Aug. 3, The 1st District Court of Appeal, without ruling, forwarded an appeal of the judge's decision to the Florida Supreme Court. On Aug. 18, the Supreme Court heard arguments from both sides. On Aug. 31, the Supreme Court upheld the lower court, effectively removing the proposed amendment from the ballot.
WHAT HAPPENS NEXT: The proposed amendment will be removed from the ballot.

Concerns over federal efforts to reform health care led the Florida Legislature in April 2010 to approve a proposed constitutional amendment (HB 37) that backers said would nullify federal efforts to require individuals to carry health insurance.Supporters said the federal health-care law passed by Congress in March was unconstitutional because it illegally tromped on states' rights and went beyond the federal authority to regulate interstate commerce.
Passed by both the Florida House and Senate along party lines, the proposed amendment was headed to the November ballot until a circuit judge agreed with opponents who argued the ballot language was misleading. On July 29, the judge struck it from the ballot. The judge's decision was appealed to the Florida Supreme Court, which upheld the lower court on Aug. 31, striking the amendment from the ballot.

The proposed amendment
The amendment would have prevented any government from requiring that individuals, employers or health-care providers participate in any health care program. The proposal would have exempted programs already in effect, which would include Medicare and Medicaid. The proposal would have allowed patients to pay their health-care providers directly instead of going through a third-party insurer.
To see the text, click here.

The first major federal entrance into the health care field occurred in 1965, with the creation of Medicaid and Medicare. Since then, there have been several attempts to expand the government's role further. President Bill Clinton attempted in 1993 to create a national health care system. The measure met with stiff opposition from states, insurers and the health care industry, and the proposed legislation died in 1994. Currently, more than 46 million U.S. citizens lack health-care coverage, including nearly 3.7 million Floridians.

Following his election in 2008, President Barack Obama launched another attempt to establish some type of national health care system. Following months of intense debate and lobbying from all sides, Congress passed national health-care reform on March 21, 2010. Obama signed the health care law (PL 111-148) and the reconciliation bill (HR 4872) into law on March 23. Under the law, most Americans will be required by 2014 to purchase insurance or pay a penalty. The law also lowers the preventive care and prescription drug costs for Medicare recipients and offers free preventive services to adults and children on Medicaid.
For a look at how the bill might affect you, read this article.
The bill's passage prompted an immediate flurry of legal action.
Florida joineHealth Policyd 12 other states in suing the federal government over the measure. Florida filed suit in U.S. District Court in Pensacola, saying the proposal was an illegal expansion of federal authority that unlawfully usurped states' rights.

To read the lawsuit, click here.
At least nine state legislatures around the country are considering amendments to their respective constitutions to nullify the federal effort. On April 22, the Florida House passed its measure on a 74-42 vote. Here's the roll call.
The Florida Senate followed suit four hours later, approving the measure by a vote of 26-11. Here's the roll call.

Supporters of the amendment
Backers of the proposed amendment argued that the federal government cannot force residents to purchase health insurance. "Are we now talking about freedom being unconstitutional?” asked Rep. Scott Plakon, R-Longwood, while debating the bill. They also argued that the new law will raise taxes. Skyrocketing Medicaid costs are reason enough to prevent the federal mandate, they argued, pointing to estimates that the program will cost far more than the $900 billion estimated by federal economists. "It's a budget-busting mess," said Rep. Mike Horner, R-Kissimmee.

Opponents of the amendment
Critics said statements being made by the amendment's backers were misleading and shortsighted. For one thing, they said, charges that the reform legislation amounts to a government takeover of health care ignore the fact that Medicare and Medicaid programs are already operated by the government. They claim the measure was a veiled attempt to get conservative candidates to the polls in November. In deciding to strike the measure form the ballot, Leon County Circuit Judge James Shelfer called it "manifestly misleading," agreeing with opponents that several statements in the amendment's summary ballot language were not addressed in the amendment itself.

Further, opponents argued that the Supremacy Clause of the U.S. Constitution clearly asserts that federal law trumps a state's ability to opt out. "This is, unfortunately, an ideological frolic," said Sen. Dan Gelber, D-Miami Beach.

For the reasons explained above, we affirm the circuit court‘s order finding 
the ballot summary for Amendment 9 does not meet the requirements of section 
101.161(1) and therefore may not be included on the November 2010 ballot.  No 
motion for rehearing will be entertained. 
It is so ordered.  
QUINCE, LABARGA and PERRY, JJ., concur. 
PARIENTE, J., concurs in result with an opinion. 
LEWIS, J., concurs in result. 
CANADY, C.J., dissenting with an opinion, in which POLSTON, J., concurs. 

PARIENTE, J., concurring in result. 

(Click here to read the entire Florida Supreme Court Opinion)




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