Monday, January 31, 2011

Health Care Reform ruled "Unconstitutional"

This is sure to go all the way to the Supreme Court, so neither opponents or proponents should get too excited, but a Federal Judge has ruled the Health Care Reform Bill unconstitutional. The reason? The individual mandate which would require all Americans to buy Health Insurance.

“Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void. This has been a difficult decision to reach, and I am aware that it will have indeterminable implications.,” he wrote in his ruling...

The suit was filed by the state of Florida shortly after the reform law was signed in March. But since then, 25 additional states and the National Federation of Independent Business joined the case, making it the most high-profile and politically charged lawsuit against health reform.
The individual mandate was always the weakest part of Health Care Reform. Liberal legislators wanted it to avoid "free rides" or people not having health care due to their own actions. But the Constitution has always been harshest in its restrictions on the extension of Federal power over individuals. This is a good call.

That being said, I don't think it will be hard to come up with an amendment to the original bill which does pass Constitutional muster.

7 comments:

Chris Taus said...

The momentum is slowly building; it may take a while longer, but our country will see the return of constitutional rule of law!

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Eye Creams said...

The individual mandate was always the weakest part of Health Care Reform. Liberal legislators wanted it to avoid "free rides" or people not having health care due to their own actions.

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