Fla. judge strikes down Obama health care overhaul

redrumloa

Active Member
Moderator
Joined
Apr 2, 2005
Messages
14,970
Reaction score
2,154
http://news.yahoo.com/s/ap/20110131/ap_ ... h_overhaul

PENSACOLA, Fla. – A federal judge declared the Obama administration's health care overhaul unconstitutional Monday, siding with 26 states that argued people cannot be required to buy health insurance.

U.S. District Judge Roger Vinson agreed with the states that the new law violates people's rights by forcing them to buy health insurance by 2014 or face penalties. He went a step further than a previous ruling against the law, declaring the entire thing unconstitutional if the insurance requirement does not hold up.
 
Last point first. I don't see the need to negate the entire law if one provision doesn't stand up. It's happened to various legislation that particular items have been struck out but the law kept. My guess is he's over reaching here.

Also I think it's been well established that the government can enforce commerce laws. They enforced the removal of whites only counters. They enforced the requirement that all nuclear energy plants must own insurance. They enforced minimum wage laws. They enforced SS taxes. And it upheld that the law passed by George Washington mandating individuals buy guns was legal. And of course the Congress has the right to 'lay and collect taxes'. At least for businesses the bill taxes them at a higher rate if they fail to provide healthcare.

The Fla judge appears to be an outlier as about other dozen other judges rejected this. I'd be really surprised if his ruling won't be overruled on appeal.
 
Back
Top