Monday, January 31, 2011

Update: Another Federal Judge Rules the Individual Mandate to Purchase Health Insurance Unconstitutional

     Federal Judge Roger Vinson of Florida has ruled in favor of the 26 States that sued the Obama Administration for its federalization of health insurance.  The judge not only struck down the individual mandate to purchase health insurance as unconstitutional, but the entire health insurance act.  Unlike Judge Hudson in Virginia's lawsuit, Judge Vinson ruled the mandate to be not severable from the rest of the act.

     The suit was originally filed by Florida.  Two judges have now ruled in favor of the States, who have argued, among other things, that their constitutional rights would be violated by mandating their citizens purchase health insurance as a condition of residence in the United States.  They argue that the federal goverment has only the power to regulate interstate commerce, not non-activity such as not participating in commerce, lest there be no barrier to the absolute regulatory power of the federal government over all behavior.  Two other cases that were ruled in favor of the Administration did not include States.  The Obama Administration is expected to appeal the rulings in favor of the States.

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