Florida judge deems healthcare reform unconstitutional
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“I reluctantly conclude that Congress exceeded the bounds of its authority in passing the Patient Protection & Affordable Care Act (PPACA) with the individual mandate,” stated Judge Roger Vinson of the Federal District Court in Pensacola, Fla., in a 78-page opinion.
The case is not about whether or not PPACA is wise legislation, but rather, if it is constitutional, reiterated Vinson.
“In fact, it is not really about our healthcare system at all," Vinson said. “It is principally about our federalist system, and it raises very important issues regarding the Constitutional role of the federal government.”
The lawsuit, originally filed by former Florida Attorney General Bill McCollum, includes 26 states alongside the National Federation of Independent Business challenging the constitutionality of the PPACA via the Commerce Clause.
“The existing problems in our national healthcare system are recognized by everyone in this case. There is widespread sentiment for positive improvements that will reduce costs, improve the quality of care, and expand availability in a way that the nation can afford. This is obviously a very difficult task,” wrote Vinson.
The insurance mandate in PPACA--not a bill that's shy to controversy--was also deemed unconstitutional in a separate case in the state of Virginia by Judge Henry E. Hudson of the Federal District Court in Richmond.
However, in that case, spearheaded by Virginia Attorney General Kenneth Cuccinelli, Judge Hudson's ruling stated only Section 1501 of PPACA (the insurance mandate) was unconstitutional. This is vastly different from Vinson’s decision.
“Because the individual mandate is unconstitutional and not severable, the entire act must be declared void,” concluded Vinson.