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Monday, January 31, 2011

BREAKING: Federal Judge Rules Obama’s Health Care Act Is Unconstitutional- Says Whole Act Must Be Declared Void

[Update] From U.S. District Judge Roger Vinson's ruling, the exact wording is that the whole act must be declared void..

"I must reluctantly conclude that Congress exceeded the bounds of its authority in passing the act with the individual mandate. That is not to say, of course, that Congress is without power to address the problems and inequities in our health care system. The health care market is more than one-sixth of the national economy, and without doubt Congress has the power to reform and regulate this market. That has not been disputed in this case. The principal dispute has been about how Congress chose to exercise that power here," Vinson wrote.

"While the individual mandate was clearly 'necessary and essential' to the act as drafted, it is not 'necessary and essential' to health care reform in general," he continued. "Because the individual mandate is unconstitutional and not severable, the entire act must be declared void."

78 page ruling can be found here. (Quotes above are on page 76.)

Original post below-

"Congress exceeded it’s authority by requiring Americans buy health insurance."

News just in that U.S. District Judge Roger Vinson has ruled the individual mandate portion of Obamacare where citizens are required to purchase health insurance or face penalties is unconstitutional and Congress exceeded it's authority.

President Barack Obama’s health care reform legislation, assailed as an abuse of federal power in a 26-state lawsuit, was ruled unconstitutional by a U.S. judge.

U.S. District Judge Roger Vinson in Pensacola, Florida, declared the law unconstitutional in a ruling today. Then- Florida Attorney General Bill McCollum filed suit on behalf of 13 states on March 23, the same day Obama signed into law the legislation intended to provide the U.S. with almost universal health-care coverage. Seven states joined the litigation last year, and six signed on this year. Virginia Attorney General Kenneth Cuccinelli sued separately on March 23 and Oklahoma Attorney General Scott Pruitt filed his own suit on Jan. 21.

This is the biggest court victory to date for opponents of the law's requirement that all Americans buy health insurance which is a key aspect of the Obamacare law on the whole.

Florida Judge Venison is the second judge to rule against the individual mandate and Florida is one of the 26 states that has brought suit against the administration over the Affordable Care Act aka Obamacare.

More on the original rulings and suits here.

Part #2- Obamacare Is Dead, Now It Just Has To Be Buried