Daily Archives: February 2, 2011

Florida Judge Rules Health Care Law Unconstitutional

Seal of the United States Court of Appeals for...

Image via Wikipedia

Monday, a second federal judge ruled that it is unconstitutional for Congress to enact a health care law requiring Americans to obtain health insurance. It is now likely heading to the Eleventh Circuit Court of Appeals in Atlanta, one of the most conservative Circuits in the country.

Although this is the second federal court to rule the health care law unconstitutional, it is important to remember that two other federal courts have already ruled the health care scheme constitutional. It is also important to note that the Virginia judge who struck down the health care law in December found that only the mandatory insurance coverage requirement was unconstitutional.

Stephanie Cutter, an assistant to the President, noted on the White House blog that the new ruling strikes down the entire law, but called it “a plain case of judicial overreaching.”

The Florida judge declined to suspend the law pending appeals.

The Department of Justice is exploring options to address the uncertainty. Senator Richard Durbin (D-IL) said he would convene a Judiciary Committee hearing Wednesday to examine the law’s constitutionality.

“This is not the last word by any means,” a senior administration official said.

Leave a comment

Filed under Health, Law, Politics