Federal Judge Finds Part Of Health Care Law Unconstitutional

Posted by | December 13, 2010 13:18 | Filed under: Top Stories

U.S. District Judge Henry Hudson, a Bush 43 appointee, has struck down the “individual mandate” part of the health care law that requires Americans to buy health insurance by 2014.

Hudson’s opinion contradicts other court rulings finding the mandate constitutionally permissible.

“An individual’s personal decision to purchase — or decline purchase — (of) health insurance from a private provider is beyond the historical reach” of the U.S. Constitution,” Hudson wrote. “No specifically constitutional authority exists to mandate the purchase of health insurance.”

A federal judge in Virginia earlier this month had ruled in favor of the administration over the purchase requirement issue, mirroring conclusions reached by a judge in Michigan.

Virginia Attorney General Ken Cuccinelli, a conservative Republican, said, “I’m gratified we prevailed.” And there are more challenges to come.

The highest-profile lawsuit may come from Florida. State officials there have objected not only to the individual coverage mandate, but also to a requirement forcing states to expand Medicaid. Florida’s litigation is supported by 19 other states: Alabama, Alaska, Arizona, Colorado, Georgia, Idaho, Indiana, Louisiana, Michigan, Mississippi, Nebraska, Nevada, North and South Dakota, Pennsylvania, South Carolina, Texas, Utah and Washington.

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Copyright 2010 Liberaland
By: Alan

Alan Colmes is the publisher of Liberaland.

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