Monday, January 31, 2011

Judge Roger Vinson

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In a big loss for the Obama administration, a federal judge has thrown out the entire Health Care Reform law. Judge Roger Vinson in Florida found today that the requirement in the law that all Americans buy health insurance or pay a fine “exceeds Congress’ power” under the Commerce Clause.

Vinson rules that the rest of the health care law cannot stand on its own. A judge in Virginia last month came to a similar conclusion about the Individual Mandate . But today's ruling goes further; the Virginia ruling allowed the rest of the law to stand while the individual mandate was challenged.

Key quote on individual mandate from Vinson's ruling today:

“I conclude that the individual mandate seeks to regulate Economic Inactivity, which is the very opposite of economic activity. And because activity is required under the Commerce Clause, the individual mandate exceeds Congress’ commerce power”

Key quote throwing out the whole law:

“I must conclude that the individual mandate and the remaining provisions are all inextricably bound together in purpose and must stand or fall as a single unit….In the final analysis, this Act has been analogized to a finely crafted watch, and that seems to fit. It has approximately 450 separate pieces, but one essential piece (the individual mandate) is defective and must be removed.”

The Obama administration is sure to appeal.

Source : ABC News

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