Monday, January 31, 2011

Obamacare Takes a Hit in Court

Posted By on Mon, Jan 31, 2011 at 4:14 PM

Politico:


A federal judge on Monday ruled that the entire health care overhaul is unconstitutional, the most striking blow yet to President Obama’s signature domestic legislation.

But Judge Roger Vinson stopped short of ordering the federal government to stop enacting the law.

Vinson ruled that the law’s requirement that nearly all Americans purchase health insurance coverage is not within the legal bounds of Congress’s power under the Commerce Clause.

Because the provision is instrumental to the rest of the law, he declared the entire law unconstitutional. The law also doesn’t have a severability clause, a common legal phrase that prevents courts from striking down a whole law because one piece has been found to be illegal.

“Because the individual mandate is unconstitutional and not severable, the entire act must be declared void,” he wrote in his 78-page ruling. “This has been a difficult decision to reach, and I am aware that it will have indeterminable implications.”

Since there are several cases working their way through the legal system, with two rulings in favor of the bill and two finding it unconstitutional so far, it seems unlikely this will be resolved until the Supreme Court rules on the constitutionality of the bill.

Tags: , , , ,

Comments

Subscribe to this thread:

Add a comment

Previously in the Range

More by Dan Gibson

Today | Wed | Thu | Fri | Sat | Sun | Mon
31st Annual Women's Leadership Conference

31st Annual Women's Leadership Conference @ JW Marriott Starr Pass Resort and Spa

Tue., Oct. 15, 8:30 a.m.-4 p.m.

All of today's events | Staff Picks

Staff Pick

31st Annual Women's Leadership Conference

The strength of a great leader is cultivated by the wisdom of many. We are all on… More

@ JW Marriott Starr Pass Resort and Spa Tue., Oct. 15, 8:30 a.m.-4 p.m. 3800 W. Starr Pass Blvd.

» More Picks

Submit an Event Listing

Popular Content

  1. The Star Gets It Right About Pima County Standardized Test Scores (The Range: The Tucson Weekly's Daily Dispatch)
  2. Claytoon of the Day: Chinese Dribbling (The Range: The Tucson Weekly's Daily Dispatch)
  3. Things to Do, Thursday, Oct. 10 (The Range: The Tucson Weekly's Daily Dispatch)
  4. Claytoon of the Day: Friends In MAGA Places (The Range: The Tucson Weekly's Daily Dispatch)
  5. The Star's Creative Headline Writing Team Was Hard At Work In Tuesday's Print Edition (The Range: The Tucson Weekly's Daily Dispatch)

© 2019 Tucson Weekly | 7225 Mona Lisa Rd. Ste. 125, Tucson AZ 85741 | (520) 797-4384 | Powered by Foundation