WASHINGTON - A federal judge in Pensacola, Fla., ruled yesterday that the entire health-care reform law violates the U.S. Constitution thanks to one provision: require nearly all Americans to obtain health insurance, The New York Times reports.
Judge Roger Vinson joins Judge Henry Hudson of the Eastern District Court in Richmond who in December ruled that the law€™s requirement that all Americans maintain a minimum level of coverage or face a fine exceeds federal authority.
Virginia€™s attorney general, Ken Cuccinelli, had challenged the law as unenforceable under the Commerce Clause of the constitution. He had been seeking an injunction against the entire healthcare act if the mandate was deemed unconstitutional.
Judge Vinson, meanwhile, ruled that the entire health-care law "should fall if the appellate courts join him in invalidating the insurance requirement," writes the Times.
"The act, like a defectively designed watch, needs to be redesigned and reconstructed by the watchmaker," Judge Vinson wrote.
Neither decision changes or has an affect on the law. However, this issue is making its way to the Supreme Court.
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Be among the first from our industry to engage with the new Congress. NACS will provide the training tools necessary for success and schedule your meetings with key legislators.
For more information and to register go to: nacsonline.com/dayonthehill or contact Kelly Fink at email@example.com.