Florida Judge rules in favor of Majority of States against Obamacare

January 31, 2011 at 12:28 pm Leave a comment

The ruling by Florida federal Judge Vinson is the fourth in ongoing litigation challenging Obamacare.   On January 31, 2011, Judge Vinson concluded:

“For the reasons stated, I must reluctantly conclude that Congress exceeded
the bounds of its authority in passing the Act with the individual mandate. That is
not to say, of course, that Congress is without power to address the problems and
inequities in our health care system. The health care market is more than one sixth
of the national economy, and without doubt Congress has the power to reform and
regulate this market. That has not been disputed in this case. The principal dispute
has been about how Congress chose to exercise that power here.
Because the individual mandate is unconstitutional and not severable, the
entire Act must be declared void.”

 The results of ongoing litigation are now split, with the Obama Department of Justice having been handed two wins and two losses.   The Florida decision by Judge Vinson is of critical importance because it addresses a legal challenge jointly filed by a majority of the states, as well as two individuals and the National Federation of Independent Businesses. 

Selected excerpts from Judge Vinson’s opinion and the full opinion of January 31, 2011 can be viewed here: http://latimesblogs.latimes.com/washington/2011/01/obamacare-unconstitutional-federal-judge-roger-vinson-florida-1.html

 See also:  5 Ways Obamacare Funds Abortion

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VA COURT: Healthcare Mandate is Unconstitutional

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