Federal Judge: Health Care Overhaul Unconstitutional

by The Associated Press

A Federal Judge in Florida says the Obama administration's historic health overhaul is unconstitutional, siding with 26 states that had sued to block it.

U.S. District Judge Roger Vinson on Monday accepted without trial the states' argument that the new law violates people's rights by forcing them to buy health insurance by 2014 or face penalties.

Attorneys for the administration had argued that the states did not have standing to challenge the law and that the case should be dismissed.

The next stop is likely the U.S. Supreme Court. Two other federal judges have upheld the insurance requirement, but a federal judge in Virginia also ruled the insurance provision violates the Constitution.

In his ruling, Vinson went further than the Virginia judge and declared the entire health care law unconstitutional.

"This is obviously a very difficult task," he wrote in a 78-page ruling. "Regardless of how laudable its attempts may have been to accomplish these goals in passing the Act, Congress must operate within the bounds established by the Constitution."

At issue was whether the government is reaching beyond its constitutional power to regulate interstate commerce by requiring citizens to purchase health insurance or face tax penalties.

Attorneys for President Obama's administration had argued that the health care system was part of the interstate commerce system. They said the government can levy a tax penalty on Americans who decide not to purchase health insurance because all Americans are consumers of medical care.

But attorneys for the states said the administration was essentially coercing the states into participating in the overhaul by holding billions of Medicaid dollars hostage. The states also said the federal government is violating the Constitution by forcing a mandate on the states without providing money to pay for it.

Florida's former Republican attorney general, Bill McCollum, filed the lawsuit just minutes after Obama signed the 10-year, $938 billion health care bill into law last March. He chose a court in Pensacola, one of Florida's most conservative cities. The nation's most influential small business lobby, the National Federation of Independent Business, also joined.

Other states that joined the suit are: Alabama, Alaska, Arizona, Colorado, Georgia, Indiana, Idaho, Iowa, Kansas, Louisiana, Maine, Michigan, Mississippi, Nebraska, Nevada, North Dakota, Ohio, Pennsylvania,

Note: Though I dislike this Bill for the Governmental Control it labors upon the Healthcare system, the Republicans have made a major point of saying it will bankrupt America by costing almost a Trillion dollars over the next twelve years. They have NO PROBLEM though with spending 750 Billion EACH YEAR on War...No, the Republicanss won't agree to pay to make you better but they sure as hell will to kill our soldiers and chase after oil.