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Florida Judge Rules Against Obamacare

A Florida judge has ruled the Obama health reform law unconstitutional, saying Congress exceeded its authority by requiring Americans buy health insurance.

This is a huge blow to the legislation, though it of course will be appealed and eventually decided by the Supreme Court. The White House has acknowledged that the requirement for all to possess health care is central to the legislation, since it is the only way to pay for the many new requirements on insurers.

But the ruling, by Reagan-appointed judge Roger Vinson, says that as a result of one provision failing to pass muster, the entire law is unconstitutional. “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,” he wrote.

If the Supreme Court eventually backs up the ruling, it will mean an end to Obamacare, or at least the key portions of it.

The central point at issue is whether the government can requirement you to purchase a product. In this case, the judge is saying it cannot.

Though the case will be decided by the High Court, the Florida ruling, combined with a similar one issued in Virginia, gives momentum and serious standing to the argument that the law is unconstitutional, an idea that had been dismissed by leading Democrats like former Speaker Pelosi as ridiculous.

Two other federal judges have upheld the law, however.

Congressional Republicans are moving to try to slowly eviscerate the law, but analysts agree that the best bet for opponents for a de facto repeal may be in the courts.

Today’s ruling has no immediate effect on the law, which continues to be implemented.

In the Virginia case, another Republican-appointed judge ruled against the mandate, but did not void the entire law. Before making their way to the Supreme Court both cases decided against the law will now move to appellate courts that are regarded as conservative.

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10 Responses to Florida Judge Rules Against Obamacare

  1. Thank God, the U.S. may be saved from bankruptcy, and the people free from servitude to the Federal Government. We now have to work on securing our borders, expelling all the illegals who are holding our jobs, getting free healthcare, education and housing at taxpayers’ expense. The Dems. want amnesty for the illegals to get millions of votes 2012, thumbing their noses at bankrupting our country in the process.

  2. This can’t be true. Obama is a constitutional law scholar or at least a law professor, okay, lecturer.
    He believes in the constitution and would never sign anything that wasn’t constitutional. I’m shocked. The good guys win one.

  3. There was no public outcry for a national health care law, and no reason to impose such draconian measures on the taxpayers other than the wish of the Washinton elite to offer “free” healthcare to their constituents.
    Thinking that we, the people, were too involved with other things to notice that this was a bad law and too polarized to make any organized resistance, the progessive Dems outsmarted themselves by underestimating us. They tried to diffuse the opposition by name-calling and an organized dismissal of the true intent of the “tea party” by the MSM.
    The Obamacare passage could be compared to the bombing of PearlHarbor: the event awakened a sleeping giant.

    The passage of Obamacare has brought down dozens of elected officals, will probably cause dozens more to lose their elected office and might just be the reason MrObama will become a one-term President.

  4. Please slow up folks. I am still reading the bill. Pelosi said pass the bill and read it later then you will like it. I am a slow reader so it might be 2012 before I finish. I haven’t got to the good part yet.

  5. I am confused here.

    Will this send the entire thing to the SC?

    If the SC votes along party lines (5-4), what happens then? A blogger on Huffington Post said that Obama can simply sign a Presidential Order keeping the HC law intact.

    Just a bit confused as to where we go from here …

    • No – there are appellate courts first. If the Supreme Court rules like the Florida judge, the law is finished. Otherwise, Supreme Court can rule only on the purchasing requirement, in which case the law is crippled, but portions of it can survive. I can’t tell you exactly which without doing some research, and it may depend on whether Congress feels it must abolish parts of the law because the money from universal coverage ends.