A section of President Obama’s health care reform law which was signed into law in March has been ruled unconstitutional by a federal judge.
US District Court Judge Henry Hudson in Virginia said in a Monday decision that the federal government could not force Americans to buy health insurance, a mandate to be enforced by 2014.
“An individual’s personal decision to purchase—or decline purchase—(of) health insurance from a private provider is beyond the historical reach of the US Constitution,” Hudson said, according to CNN. “No specifically constitutional authority exists to mandate the purchase of health insurance.”
While finding other parts of the law acceptable, Hudson stated that the individual mandate violates the Constitution’s Commerce Clause, which regulates interstate trade.
“Neither the Supreme Court nor any federal circuit court of appeals has extended Commerce Clause powers to compel an individual to involuntarily enter the stream of commerce by purchasing a commodity in the private market,” he wrote, according to the Washington Post, referring to private health insurance. “In doing so, enactment of the [individual mandate] exceeds the Commerce Clause powers vested in Congress under Article I [of the Constitution.]”
“I am gratified we prevailed,” Virginia Attorney General Ken Cuccinelli, who filed the case, said, according to CNN. “This won’t be the final round, as this will ultimately be decided by the Supreme Court, but today is a critical milestone in the protection of the Constitution.”
However, Justice Department officials said they were confident in the legality of Obama’s health care reform law.
“We are disappointed in today’s ruling but continue to believe—as other federal courts in Virginia and Michigan have found— that the Affordable Care Act is constitutional,” Justice Department spokeswoman Tracy Schmaler said, according to the Post.
This decision is the first case where the individual mandate of the health care law has been found unconstitutional, the Post reported.
Hudson’s case is the first of 15 filed so far to have struck down any portion of the health care reform law, according to Politico.com.
US District Court Judge Henry Hudson in Virginia said in a Monday decision that the federal government could not force Americans to buy health insurance, a mandate to be enforced by 2014.
“An individual’s personal decision to purchase—or decline purchase—(of) health insurance from a private provider is beyond the historical reach of the US Constitution,” Hudson said, according to CNN. “No specifically constitutional authority exists to mandate the purchase of health insurance.”
While finding other parts of the law acceptable, Hudson stated that the individual mandate violates the Constitution’s Commerce Clause, which regulates interstate trade.
“Neither the Supreme Court nor any federal circuit court of appeals has extended Commerce Clause powers to compel an individual to involuntarily enter the stream of commerce by purchasing a commodity in the private market,” he wrote, according to the Washington Post, referring to private health insurance. “In doing so, enactment of the [individual mandate] exceeds the Commerce Clause powers vested in Congress under Article I [of the Constitution.]”
“I am gratified we prevailed,” Virginia Attorney General Ken Cuccinelli, who filed the case, said, according to CNN. “This won’t be the final round, as this will ultimately be decided by the Supreme Court, but today is a critical milestone in the protection of the Constitution.”
However, Justice Department officials said they were confident in the legality of Obama’s health care reform law.
“We are disappointed in today’s ruling but continue to believe—as other federal courts in Virginia and Michigan have found— that the Affordable Care Act is constitutional,” Justice Department spokeswoman Tracy Schmaler said, according to the Post.
This decision is the first case where the individual mandate of the health care law has been found unconstitutional, the Post reported.
Hudson’s case is the first of 15 filed so far to have struck down any portion of the health care reform law, according to Politico.com.
Friends Read Free