STATE OF FLORIDA et al v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES et al
ORDER GRANTING SUMMARY JUDGMENT - For all the reasons stated and pursuant to Rule 56 of the Federal Rules of Civil Procedure, the plaintiffs motion for summary judgment (doc. 80 ) is hereby GRANTED as to its request for declaratory relief on Count I of the Second Amended Complaint, and DENIED as to its request for injunctive relief; and the defendants' motion for summary judgment (doc. 82 ) is hereby GRANTED on Count IV of the Second Amended Complaint. The respective cross-motions are each DENIED. In accordance with Rule 57 of the Federal Rules of Civil Procedure and Title 28, United States Code, Section 2201(a), a Declaratory Judgment shall be entered separately, declaring "The Patient Protection and Affordable Care Act" unconstitutional. Signed by SENIOR JUDGE ROGER VINSON on 1/31/2011. (djb) Modified on 1/31/2011 (djb).