Monday, January 31, 2011

Another Federal Judge Rules Health Care Law Unconstitutional

From a New York Times article by Kevin Sack:
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 the conflicting opinions begin their path to the Supreme Court...

Judge Roger Vinson of Federal District Court in Pensacola, Fla., ruled that the law will remain in effect until all appeals are concluded, a process that could take two years. However, Judge Vinson determined that the entire law should fall if appellate courts agree with his opinion that the insurance requirement is invalid...

In a 78-page opinion, Judge Vinson held that the insurance requirement exceeds the regulatory powers granted to Congress under the Commerce Clause of the Constitution. Judge Vinson wrote that the provision could not be rescued by an associated clause in Article I that gives Congress broad authority to make laws “necessary and proper” to carrying out its designated responsibilities...

The ruling by Judge Vinson, a senior judge who was appointed by President Ronald Reagan, solidified the divide in the health litigation among judges named by Republicans and those named by Democrats...

The Florida plaintiffs, led by the state’s former attorney general, Bill McCollum, ensured they would draw a Republican-appointed judge by filing the lawsuit in Pensacola. Mr. McCollum left office this month after losing last year’s Republican gubernatorial primary, but his successor, Pam Bondi, also a Republican, fully supports the lawsuit. 
I thought this was interesting because it appears Republicans, in order to get the ruling they want, decided to file in a Republican-friendly court, where they were likely to get a judge appointed by one of their own.  


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