As noted at the outset of this order, there is a widely recognized need to improve our healthcare system. How to accomplish that is quite controversial. For many people, including many members of Congress, it is one of the most pressing national problems of the day and justifies extraordinary measures to deal with it. However, “a judiciary that licensed extraconstitutional government with each issue of comparable gravity would, in the long run, be far worse.” See id. at 187-88. In this order, I have not attempted to determine whether the line between constitutional and extraconstitutional government has been crossed. 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.
Accordingly, the defendants’ motion to dismiss (doc. 55) is GRANTED with respect to Counts Two, Five, and Six, and those counts are hereby DISMISSED. The motion is DENIED with respect to Counts One and Four. Count Three is also DISMISSED, as moot. The case will continue as to Counts One and Four pursuant to the scheduling order previously entered.
DONE and ORDERED this 14th day of October, 2010.
/s/ Roger Vinson
Senior United States District Judge
To summarize so far:
George Caram Steeh of Michigan
District Judge Norman K. Moon of Virginia
District Judge Henry Hudson from Virginia's ruling on Minimum Essential Coverage Provision of the law
Rodger Vison's ruling from Florida today.