Health Care Amendment in court

4:28 PM, Jul 23, 2010   |    comments
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Tallahassee, Florida -- A judge has denied a motion from the state of Florida to strike the ballot summary for Amendment 9 on the November ballot.

Attorneys made their arguments before a Leon County Circuit judge on Friday.

Amendment 9 asks voters if they want Florida to opt out of the federal health care plan.

Opponents argue the amendment's summary is misleading.

Attorneys for the state defending the amendment asked the judge to remove the summary and just place the entire text of the amendment on the ballot.

The judge said no.

The plaintiff's attorney, Mark Herron, is trying to kick Amendment 9 off the ballot.  He argues the summary uses misleading political language that's not even mentioned in the actual amendment.

"The amendment ballot summary says it deals with waiting lists, with the doctor-patient relationship, and with mandates that don't work and there's nothing in the amendment itself that deals with those subjects. The point is it's misleading.  It's also political language that the courts on numerous occasions have stricken proposed amendments that contain political buzzwords that aren't necessarily in the amendment."

While the judge ruled against the state's motion on Friday, the case continues.  Arguments on whether the whole amendment should be tossed off the ballot will be heard July 29th.

Dave Heller

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