Topic | Health

Health Care Reform Considered Involuntary, Unconstitutional

Supreme CourtA federal judge ruled this week that key components of President Barack Obama’s health care reform law are unconstitutional.

Judge Henry Hudson of Virginia ruled that the requirement for individuals to purchase insurance or pay a fine went against the Constitution. Hudson was the first federal judge to rule against the law, which was signed by the president earlier this year.

Virginia’s Attorney General Kenneth Cuccinelli argued the insurance requirement reached beyond the constitutional provision that allows the federal government to regulate interstate commerce.

The government is expected to file an appear on Hudson ruling and a final decision on the health care law will likely be up to the Supreme Court.

The White House said it disagreed with the latest ruling, but that it would have no impact on the implementation and rollout of the law.

“Our belief is that when all the legal wrangling is done, this is something that will be upheld,” White House spokesman Robert Gibbs said.

Two other federal judges have upheld the insurance mandate provision, which is set to go into effect in 2014.

Officials in other states who have said they too want to challenge the law praised the latest ruling.

“The court’s concern is the same as mine: Congress has exceeded its Commerce Clause powers when it passed a law compelling individuals to involuntarily purchase a commodity, or face a penalty. In this case, it is insurance. In another, it could be a car or another commodity. Such regulation is beyond Congress’ lawful powers,” Wisconsin Attorney General J.B. Van Hollen said in a statement.

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