February 2, 2011
On Monday, a federal judge in Florida ruled that Obama’s so-called health care reform legislation is unconstitutional. U.S. District Judge Roger Vinson handed down the ruling in a suit brought by 26 states.
Vinson ruled that the requirement all citizens purchase health insurance or be penalized, fined, and criminalized cannot be separated from the rest of the law, therefore the entire law is unconstitutional.
Vinson did not issue the injunction sought by the states to prevent implementation of the law. The ruling has set the stage for a Supreme Court showdown on the law. It has also provided the states with specific legal guidance on how to proceed in the effort to resist Obamacare.
The states argue that the federal government has overstepped its authority by implementing the law and has ignored the commerce clause of the Constitution and has also violated states rights and sovereignty under the Tenth Amendment.
In the Senate, two resolutions have emerged calling for a repeal of the so-called Affordable Care Act.
Not unexpectedly, the Justice Department announced it will resist Vinson’s ruling.
The ruling arrives as health insurance companies announced they will be raising rates in response to the mandate passed by Congress and signed into law by Obama last year. At the same time, Obama has played political football with the new law by granting waivers to corporate and union allies.
Finally, Vinson cited candidate Obama’s opposition to mandatory health insurance in his ruling:
On this point, it should be emphasized that 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. It is undisputed that there are various other (Constitutional) ways to accomplish what Congress wanted to do. Indeed, I note that in 2008, then-Senator Obama supported a health care reform proposal that did not include an individual mandate because he was at that time strongly opposed to the idea, stating that “if a mandate was the solution, we can try that to solve homelessness by mandating everybody to buy a house.”
Obamacare struck down as unconstitutional , stage is set for showdown, D. Christian Moore, Examiner.com, February 1, 2011.
2 GOP senators to push for state opt-out from health care law , James Rosen, McClatchy Newspapers, January 31, 2011.
Californians brace for 59% premium hike , Parija Kavilanz, CNN, January 7, 2011.
Three SEIU Locals–Including Chicago Chapter–Waived From Obamacare Requirement , Fred Lucas, CNSNews.com, January 24, 2011.
Federal judge rules against ObamaCare , Anthony Martin, Conservative Examiner, January 31, 2011.