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Florida judge rules health-care law unconstitutional

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A federal judge in Florida has found that Congress has exceeded its authority in passing sweeping health-care reform in 2010 by including the individual mandate that people must purchase health insurance by 2014 or pay a penalty. Indiana had joined with 25 other states, two individuals, and the National Federation of Independent Business to challenge the law.

Indiana joined the lawsuit in May 2010 that sought to declare “The Patient Protection and Affordable Care Act” unconstitutional. U.S. District Senior Judge Roger Vinson of the Northern District of Florida, Pensacola Division, denied in October 2010 the U.S. Department of Justice’s motion to dismiss the two surviving claims. Those claims challenged the individual mandate requiring people to purchase health care by 2014 and the altering and expansion of Medicaid.

Senior Judge Vinson issued a 78-page ruling Monday in State of Florida, by and through Attorney General Pam Bondi, et al. v. United States Department of Health and Human Services, et al., No. 3:10-CV-91, devoting most of the opinion to the individual mandate issue. He granted the government’s motion for summary judgment on the Medicaid claim, ruling there’s no support for the state plaintiffs’ coercion argument in existing case law. The states argued they will face serious financial and practical problems because of alterations to the Medicaid program.

But because the judge ruled in favor of the plaintiffs on the individual mandate issue, he struck down the entire law, ruling that the individual mandate can’t be severed from the Act.

“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,” he wrote.

Senior Judge Vinson reiterated in his opinion that his case isn’t about whether the law is wise or unwise legislation, but is about the constitutional role of the federal government.

“This has been a difficult decision to reach, and I am aware that it will have indeterminable implications. At a time when there is virtually unanimous agreement that health care reform is needed in this country, it is hard to invalidate and strike down a statute titled ‘The Patient Protection and Affordable Care Act,’” he wrote. “In closing, I will simply observe, once again, that my conclusion in this case is based on an application of the Commerce Clause law as it exists pursuant to the Supreme Court’s current interpretation and definition. Only the Supreme Court (or a Constitutional amendment) can expand that.”

Indiana Attorney General Greg Zoeller issued a statement late Monday in response to the ruling, saying he expects the federal government to appeal. In December, a federal District Court in Virginia had ruled in favor of the Commonwealth of Virginia, which brought a challenge to the health-care law. That court found portions of the law to be unconstitutional, including that the individual mandate violates the Commerce Clause.

“It was unprecedented for the federal government to claim it can require individuals to purchase a commercial health insurance product or pay a penalty. The sovereign states had an obligation to bring this respectful legal challenge to test whether this claim was constitutional. It is essential that the question be asked of and answered by the United States Supreme Court. Today’s ruling in Florida finding that a portion of the law is unconstitutional under the Commerce Clause is historic, and an important check on the scope of the federal government’s power,” Zoeller said.

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  1. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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