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Parts of healthcare lawsuit can proceed

TALLAHASSEE, Fla., Oct. 15 (UPI) -- Portions of a lawsuit brought by 20 states challenging the healthcare reform law can move forward, a federal judge in Florida ruled.

U.S. District Judge Roger Vinson, who earlier signaled he likely would rule at least partially in favor of the states, spelled out which issues the states and other parties to the suit will be allowed to argue, The Washington Post reported Thursday.

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The merits of the case will be discussed at a summary judgment hearing Dec. 16.

Vinson ruled that states can challenge whether the law's mandate requiring nearly all Americans to buy health insurance exceeds Congress's constitutional authority to regulate commerce and make laws "necessary and proper" for carrying out its powers.

Vinson's ruling also allows the plaintiffs to argue whether the law's expansion of Medicaid to cover not only the very poor but also low-income people impinges on state sovereignty because the expansion could require states to spend billions more on the program.

Florida Attorney General Bill McCollum, a Republican, the first to legally challenge the new law, called Vinson's ruling "a victory" that "confirms the significance of this lawsuit protecting against the federal healthcare act's intrusions on individual liberty and limited government."

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Justice Department spokeswoman Tracy Schmaler said in a statement, "While we are disappointed that the court did not dismiss the entire case … we remain confident that the law ultimately will be upheld."

Other states that are party to the lawsuit are South Carolina, Nebraska, Texas, Utah, Louisiana, Alabama, Michigan, Colorado, Pennsylvania, Washington, Idaho, South Dakota, Indiana, North Dakota, Mississippi, Arizona, Nevada, Georgia and Alaska. The National Federation of Independent Business also joined.

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