ObamaCare Takes Near Fatal Hit

ObamaCare Takes Near Fatal Hit
  • Opening Intro -

    National healthcare seemed like a done deal in 2010, but in 2011 its outlook is less certain.

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On the last day of January 2011, a Florida judge — Justice Roger Vinson of the U.S. District Court in Pensacola — ruled that the individual mandate is unconstitutional. Should his ruling withstand further legal challenge, namely possibly eventually being heard before the U.S. Supreme Court, the entire bill would be voided.

Vinson’s ruling follows a federal district court ruling in Virginia in December declaring the individual mandate unconstitutional.

The reaction from people opposed to what is euphemistically called ObamaCare has been swift and strong.

ACLJ Weighs In

Said Jay Sekolow, Chief Counsel of the American Center for Law and Justice, “The sweeping decision represents the most significant step yet on the legal path toward putting an end to ObamaCare. Like a decision by a federal court in Virginia last month, this court’s conclusion is both sensible and sound. By declaring the individual mandate unconstitutional, the court rejects the unprecedented power grab by the federal government. But the Florida decision goes further – striking down the entire health care law as unconstitutional. The fact is that forcing Americans to purchase health care not only undermines individual liberty, but violates the Commerce Clause of the Constitution, and as this court correctly determined, renders the entire law void. We’re very encouraged by this ruling and will continue to represent members of Congress in preparing an amicus brief supporting Florida’s challenge of ObamaCare – at the next level – at the appellate court.”

Heritage Foundation

From the Heritage Foundation, a public policy research institute, Robert Alt blogged that the Florida decision “…is another stinging defeat for the administration in its defense of Obamacare.” Alt noted that bill supporters had tried to paint legal attempts to repeal the bill as “frivoulous,” a move that has ultimately failed.

Behind the push to repeal ObamaCare were the governors of 26 states and its Attorneys General who understood that besides being a power grab on the part of Washington, D.C, this bill would also become a tremendous administrative burden on its own shoulders. The states were joined by the National Federation of Independent Businesses, a group representing small businesses.

Judge Vinson’s ruling was 78 pages long and will likely be challenged at the appellate level. For posterity’s sake, the one-page summary judgement says it all and is, in part, revealed here:

For all the reasons stated in the Order Granting Summary Judgment entered contemporaneously herewith, and in accordance with Rule 57 of the Federal Rules of Civil Procedure and Title 28, United States Code, Section 2201(a), it is hereby DECLARED, ADJUDGED, and DECREED that The Patient Protection and Affordable Care Act, Pub. L. No. 111-148, 124 Stat. 119 (2010), as amended by the Health Care and Education Reconciliation Act of 2010, Pub. L. No. 111-152, 124 Stat. 1029 (2010), is unconstitutional.

Resources

American Center for Law and Justice

Heritage Foundation

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About Author

Matthew C. Keegan

Matt Keegan is a freelance writer and editor as well as publisher of "Matt's Musings", his personal blog. Matt covers campus, consumer, business and financial topics on various websites and blogs, and has been published in the "Houston Chronicle", "Sam's Club Magazine" and "Wisconsin Golfer".