Litigation

Second U.S. Judge Tosses Health Care Provision

By Peter Hardin

Federal District Judge Roger Vinson ruled on Monday that the Obama administration’s requirement for almost all Americans to buy health care insurance is unconstitutional.

The Florida judge’s opinion brought to two versus two the decisions from lower federal courts thus far on legal challenges to the health care plan approved by Congress and signed by President Obama last year, according to a New York Times article.

“The divided opinions set the stage for a potentially landmark constitutional debate in the higher courts, with a final decision expected in the U.S. Supreme Court, perhaps as soon as next year,” the Los Angeles Times said.

Judge Vinson (photo, above right) ruled on a major legal challenge that was brought by governors and attorneys general from 26 states, Reuters reported. Most of the state leaders are Republicans.

“I must reluctantly conclude that Congress exceeded the bounds of its authority in passing the Act with the individual mandate,” Judge Vinson wrote, according to a USA Today report. “Individual mandate” refers to the section of the law requiring most Americans to buy health insurance or pay a fine.

The judge contended that if appellate courts agree with his analysis, the entire law should be ruled void. His ruling went further than the approach taken in December by Federal District Judge Henry Hudson in Virginia. Judge Hudson struck down the “individual mandate” provision but did not find the whole law unconstitutional (see Gavel Grab).

“While the individual mandate was clearly ‘necessary and essential’ to the act as drafted, it is not ‘necessary and essential’ to health care reform in general,” Judge Vinson wrote. “Because the individual mandate is unconstitutional and not severable, the entire act must be declared void.”

It was the second court ruling to find the individual mandate in the health care reform law,  Obama?s signature domestic accomplishment, unconstitutional.

“I applaud the ruling today by Judge Vinson,” said Florida Gov. Rick Scott, a Republican, according to Fox News. “In making his ruling, the judge has confirmed what many of us knew from the start — ObamaCare is an unprecedented and unconstitutional infringement on the liberty of the American people.”

“Judge Vinson’s decision is radical judicial activism run amok, and it will undoubtedly be reversed on appeal,” said Ron Pollack, executive director of Families USA.

Full post as published by The Gavel on January 31, 2011 (boomark / email).