January 31, 2011
Entire Health-Care Reform Act Ruled Unconstitutional
In Florida v. U.S. Department of Health and Human Services, No. 3:10-cv-91-RV/EMT(N.D. Fla., Jan. 31, 2011) Judge Roger Vinson ruled the the entire Health-Care Reform Act was unconstitutional because the Patient Protection and Affordable Care Act's "individual mandate" requiring most Americans to purchase health insurance by 2014 or face stiff penalties could not be severed from the rest of the Act. Judge Vinson held that the Act's "individual mandate" exceeds the regulatory powers granted to Congress under the Commerce Clause of the Constitution. Text of Judge Vinson's ruling here.
Hat tip to HealthLawProf Blog for calling attention to Wake Forest law prof Mark Hall's Commerce Clause Challenges to Health Care Reform [SSRN]("This article reviews and pinpoints the strongest arguments for and against federal power under the Commerce Clause to mandate the purchase of health insurance.") [JH]
It matters not. Obama will ignore the decision, as he did the one on the gulf drilling ban, and full steam ahead with this and all of his agenda until he is actually stopped. He will also remain in office until he can be proven ineligible and actually be removed, highly unlikely.
Posted by: Chris Taus | Feb 1, 2011 6:50:15 PM
The US Constitution as it applies to the Federal Government does not allow such mandates...
The State Constitutions, on the other hand, usually do have this power, in the instance of making you pay for auto insurance.
Posted by: Atlanta Roofing HQ | Jan 31, 2011 6:01:03 PM