Monday, January 31, 2011
Federal Judge Declares Entire Health Care Law Void
Wash. Post: Judge strikes down entire new health-care law, by N.C. Aizenman & Amy Goldstein:
A federal judge in Florida on Monday became the first to strike down the entire law to overhaul the nation's health-care system, potentially complicating implementation of the statute in the 26 states that brought the suit.
The decision by U.S. District Judge Roger Vinson represents a more sweeping repudiation of the law than the December ruling in a suit brought by Virginia that found the requirement that most Americans purchase health insurance to be unconstitutional.
As in the Virginia case, Vinson held that Congress had overstepped its authority by compelling nearly all Americans to be insured or pay a fine. But Vinson went further: Likening the law to "a finely crafted watch" in which "one essential piece is defective and must be removed," he ruled that the insurance mandate cannot be separated from the rest of the statute and therefore that the entire law must be voided. . . .
https://lawprofessors.typepad.com/reproductive_rights/2011/02/district-judge-rules-health-care-law-void-1.html