Legal Conservative Blog

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.”

Read Full Entry »
Posted on January 31st, 2011 by Woodring Law, filed under Uncategorized
Subscribe

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.”

Read Full Entry »
Posted on by Woodring Law, filed under
Subscribe

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.”

Read Full Entry »
Posted on by Woodring Law, filed under
Subscribe

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.”

Read Full Entry »
Posted on by Woodring Law, filed under
Subscribe

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.”

Read Full Entry »
Posted on by Woodring Law, filed under
Subscribe

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.”

Read Full Entry »
Posted on by Woodring Law, filed under
Subscribe

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.”

Read Full Entry »
Posted on by Woodring Law, filed under
Subscribe

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.”

Read Full Entry »
Posted on by Woodring Law, filed under
Subscribe

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.”

Read Full Entry »
Posted on by Woodring Law, filed under
Subscribe

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.”

Read Full Entry »
Posted on by Woodring Law, filed under
Subscribe
« Previous Next »