By Tom Brown – Reuters – Jan 31, 2011
A judge in Florida on Monday became the second judge to declare President Barack Obama’s healthcare reform law unconstitutional, in the biggest legal challenge yet to federal authority to enact the law.
U.S. District Judge Roger Vinson, appointed to the bench by President Ronald Reagan in 1983, ruled that the reform law’s so-called “individual mandate” went too far in requiring that Americans start buying health insurance in 2014 or pay a penalty.
“Because the individual mandate is unconstitutional and not severable, the entire act must be declared void. This has been a difficult decision to reach, and I am aware that it will have indeterminable implications,” Vinson wrote.
He was referring to a key provision in the Patient Protection and Affordable Care Act and sided with governors and attorneys general from 26 U.S. states, almost all of whom are Republicans, in declaring it unconstitutional. The issue will likely end up at the Supreme Court.
The plaintiffs represent more than half the U.S. states, so the Pensacola case has more prominence than two dozen lawsuits filed in federal courts over the healthcare law.
The healthcare overhaul, a cornerstone of Obama’s presidency, aims to expand health insurance to cover millions of uninsured Americans while also curbing costs. Administration officials insist it is constitutional and needed to stem huge projected increases in healthcare costs.
Two other federal judges have rejected challenges to the individual mandate. But a federal district judge in Richmond, Virginia, last month struck down that central provision of the law in a case in that state, saying it invited an “unbridled exercise of federal police powers.”
The provision is key to the law’s mission of covering more than 30 million uninsured. Officials argue it is only by requiring healthy people to purchase policies that they can help pay for reforms, including a mandate that individuals with pre-existing medical conditions cannot be refused coverage.
H/t beloved fellows Judy, Tina & DCG.