Re: Ruling Against Health Care Law Evens Scorecard at 2-to-2

Actually this ruling was a bit deeper.  It actually invalidated the entire law
not just the mandate.
 
The judge found the mandate to be unconstitutional and severable.  That was, I
think beyond what the plaintiffs wanted.
 
From: [email protected] [mailto:[email protected]] On Behalf
Of Bruce Geerdes
Sent: Monday, January 31, 2011 2:54 PM
To: DADL (off topic)
Subject: [DADL-OT] Ruling Against Health Care Law Evens Scorecard at 2-to-2
 
http://www.nytimes.com/2011/02/01/us/01ruling.html
 
Federal Judge Rules Health Law Violates Constitution
By KEVIN SACK
Published: January 31, 2011
 
A second federal judge ruled on Monday that it was unconstitutional for Congress
to enact a health care law that requires Americans to obtain commercial
insurance, evening the score at two-to-two in the lower courts as conflicting
opinions begin their path to the Supreme Court.
 
Unlike a Virginia judge in December, Judge Roger Vinson of Federal District
Court in Pensacola, Fla., concluded that the insurance requirement was so
essential to the workings of the Affordable Care Act that its
unconstitutionality required that the entire Obama health care law be
invalidated.
 
“The Act, like a defectively designed watch, needs to be redesigned and
reconstructed by the watchmaker,” Judge Vinson wrote.
 
The judge declined, however, to immediately enjoin, or suspend, the law pending
appeals, a process that could take two years. That left confusion about how the
ruling might be interpreted in the 26 states that are parties to the legal
challenge.
 
[...]

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