Monday, January 31, 2011

"Obamacare" Hangups

[Florida federal judge] Roger Vinson, a Ronald Reagan appointee, agreed with the 26 state-government plaintiffs that Congress exceeded its authority by passing a law penalizing individuals who do not have health insurance.

"I must reluctantly conclude that Congress exceeded the bounds of its authority in passing the Act with the individual mandate," Vinson writes. "Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void."

[...]

By determining the entire law must be wiped out, Vinson went farther than a different Republican-appointed judge in Virginia who declared the mandate unconstitutional late last year. The Obama administration has appealed the Virginia ruling, and is expected to appeal this one.

  TPM

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