Florida Judge Expcted to Rule Against Helath Care Bill Today
By Matt Murray
Published: January 31, 2011
U.S. District Court Judge Robert Vinson of Florida is expected to be the second federal judge to rule the Health Care Reform Law unconstitutional, writes Reuters. The case represents claims by Republican Governors and District Attorneys from 26 states, the largest of several challenges to the health care law making their way through the court system. Most experts believe the case will end up being decided in the Supreme Court.
An aide close to Judge Vinson has stated that he would like to issue a ruling sometime today. The “individual mandate” is at the heart of the health care issue, two judges have upheld the law and one judge in Richmond, Virginia has ruled against it. The mandate makes it mandatory for everyone to purchase health care, to combat projected increases in health care costs and to aid in paying for a prior condition clause that says providers can not decline an individual coverage due to a prior existing condition.
But his ruling on the individual mandate could mark a major setback for Obama on an issue that will likely end up at the Supreme Court, the highest U.S. legal authority.
If Vinson orders an injunction, the government would almost certainly appeal and seek an immediate stay of the ruling.
Vinson’s ruling will come after the U.S. House of Representatives voted earlier this month to repeal the healthcare reform law. The repeal is unlikely to go any further as the Democratic-controlled Senate is expected to drop it.
It is unclear whether Judge Vinson will rule the entire law as unconstitutional, due to the plaintiffs argument that the expansion of Medicaid is a violation of state’s rights, though he has shown little sympathy for the argument.
Photo via Health Care Weekly Review http://www.hcwreview.com/?page_id=5