Jan 31, 2011

Judge Throws a Strike Against Healthcare

Strike Two.

Federal Judge Rules Health Care Law Violates Constitution

A federal judge in Pensacola, Fla., ruled that the entire health care overhaul enacted last year was void because one provision, requiring nearly all Americans to obtain health insurance, was unconstitutional.

A previous decision in a Virginia case found that the mandate provision was unconstitutional, but did not say that it necessarily affected the whole law's validity. In two other cases tried so far, the law passed muster.

As in the Virginia case, the judge in Pensacola stayed his decision pending an appeal, which could take more than a year to decide, so the law remains in effect for now.

Constitutional studies Ilya Shapiro praises Judge Vinson's ruling today, writing that it "represents the latest and most significant victory for federalism and individual liberty."

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