Home    Site Map    Privacy Policy    Contact Us  
 
 
  What is a Legal Conservative?

How does one define a legal conservative?  The terms "conservative" or "liberal" are often used by ...

  Practice Areas
  Legal Disclaimer

 

Our Web site presents general information abo...

 

The Legal Conservative

Healthcare Lawsuit- Judge strikes entire act based on individual mandate- but finds no merit to the Medicaid claim

Healthcare Lawsuit- Judge strikes entire act based on individual mandate- but finds no merit to the Medicaid claim

Breaking news, decision just came down.  Analysis to follow. vinson-ruling

Excerpt from the opinion:

For the reasons stated, I must reluctantly conclude that Congress exceeded
the bounds of its authority in passing the Act with the individual mandate. That is
not to say, of course, that Congress is without power to address the problems and
inequities in our health care system. The health care market is more than one sixth
of the national economy, and without doubt Congress has the power to reform and
regulate this market. That has not been disputed in this case. The principal dispute
has been about how Congress chose to exercise that power here.30
Because the individual mandate is unconstitutional and not severable, the
entire Act must be declared void. This has been a difficult decision to reach, and I
am aware that it will have indeterminable implications. At a time when there is
virtually unanimous agreement that health care reform is needed in this country, it
is hard to invalidate and strike down a statute titled “The Patient Protection and
Affordable Care Act.”

Tags: , , , , , , , Tags: , , , , , , ,
Posted in Uncategorized | Comments Off

This entry was posted on Monday, January 31st, 2011 at 4:02 pm and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.
 

Comments are closed.

« »
 
  Blog Archive
  Important Links
  Contact Us
 
Name:
Phone:
Email:
Tell Us More:
 
 
Home  Attorney Information  Practice Areas  Legal Conservative Blog  Client Login  Attorney Fees  Contact Us  Site Map  Privacy Policy  Legal Disclaimer
© 2012 The Legal Conservative. All Rights Reserved.
Designed & Developed by NexGen Technologies