Central Provision of Health Care Law Is Ruled Unconstitutional

On Monday, December 13, Federal District Court Judge Henry E. Hudson of the Federal District Court in Richmond, Virginia ruled that the provision in the recently adopted health reform law requiring most Americans to obtain health insurance is unconstitutional.  The Judge opined that this requirement exceeded the regulatory authority granted to Congress under the Commerce Clause.

Judge Hudson, who was appointed by President George W. Bush, became the first judge to invalidate any part of the health reform law, ensuring that appellate courts will receive contradictory opinions from below in the multiple pending lawsuits brought by opponents seeking to overturn the law.

Judge Hudson, however, declined the plaintiff’s request to suspend the law’s implementation pending appeal, meaning there should be no immediate effect on the law’s roll-out.

Read more at NYTimes.com » Central Provision of Health Care Law Is Ruled Unconstitutional.


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