Federal Judge Roger Vinson threw out President Obama’s health care law today, calling the mandate requiring everyone to buy health insurance unconstitutional, and declaring the entire law void.
Vinson, who serves on the U.S. District Court for the Northern District of Florida, agreed with the 26 governors and state attorneys general who had sued over the law. He did not however, halt the implementation of the law.
David Rivkin, the plaintiffs’ lead attorney, called the health care law “the most unconstitutional law in history,” citing the Commerce Clause of the Constitution, which gives Congress the power to regulate interstate commerce. Rivkin said this is the first time Congress has ever tried to force citizens to enter interstate commerce.
Penny Nance, CEO of Concerned Women for America, said she felt vindicated by the ruling.
“This is the second federal judge to rule the law is unconstitutional, and we urge Congress to go forward with repealing the law and all its unsavory elements: the unconstitutional mandate, the higher taxes, and the abortion coverage.”
In mid-December, U.S. District Judge Henry E. Hudson ruled in favor of Virginia Attorney General Ken Cuccinelli, stating that Congress cannot order Americans to buy health insurance. Oklahoma has sued separately.
“There will be appeals, cross appeals, then the 11th Circuit,” Florida Attorney General Pam Bondi told Fox News recently. “We will make it to the Supreme Court. I’m confident of that.”
FOR MORE INFORMATION
Read the Commerce Clause (Article I, Section 8, Clause 3) of the U.S. Constitution.
Learn more about the states that have filed lawsuits over ObamaCare.
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