Federal Judge Roger Vinson of the Northern District of Florida, in a lawsuit by 26 state attorney generals, has held that Obamacare is unconstitutional.
Judge Vinson first found that:
- The individual mandate is unconstitutional.
- That the individual mandate could not be severed from the rest of the law.
- This required that the entire law be deemed unconstitutional.
I wrote this last November:
The supporters of the President’s health care “reform” initiative are already talking about what a wonderful cornucopia of benefits it presents, a veritable horn of plenty with no costs to anyone – oh, and if there are costs, everybody will be forced to pay, so that makes it fair. Well, they are whistling past the graveyard about a serious and present issue – that the Patient Protection and Affordable Care Act of 2010 is provably unconstitutional due to the individual “mandate”. Since the crafters of this legislation left out a severability clause, if one part is found to be unconstitutional, the entirety goes. There is a very strong constitutional argument to support the dismissal of this law and at the current count, 20 state’s Attorneys General have filed suit to start the adjudication of the Act. Virginia’s filing encapsulates the suits filed by Florida and the other 18 states.
Legislation of lesser import contains severability clauses. It kind of makes you think that Obama, Reid and Pelosi knew what an “obamanation” this ugly beast was and secretly hoped that it would die an early death. That way, they can:
- Blame Republicans for killing it.
- Say to their base, “Well, we got closer to socialized medicine than anyone evah!”
- Avoid responsibility for the crippling impact on the economy and personal freedom that this monstrosity would cause.
For them, it is a political win-win-win. A cynical win, sure – but a win nonetheless. My health, safety and environmental folks call incidents like this a “near hit”.
Here’s the text of the ruling – off to SCOTUS next:
A real lawyer, Professor William Jacobson has a better analysis here…