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Posts Tagged ‘Kenneth Cuccinelli’

Federal District Court Declares PPACA’s Individual Mandate Unconstitutional

Posted by Alan on December 13, 2010

A federal district judge in Virginia found the Patient Protection and Affordable Care Act unconstitutional today.

The ruling by Judge Henry Hudson makes the count at the district court level 2-to-1 in favor of the new health care reform law’s constitutionality. Another Judge in Virginia and one in Michigan ruled in favor of the legislation’s requirement that individuals obtain health coverage beginning in 2014. There are nearly two dozen legal challenges to the PPACA and no doubt others will go against the law as well, while others side with the Obama Administration.

In making his decision, Judge Hudson concurred with the arguments put forward by Virginia Attorney General Kenneth Cuccinelli. The core of his this argument is that while the federal government has the power and authority to regulate interstate commerce, whether or not to buy health insurance coverage is a local decision and beyond the reach of the federal government. The Washington Post offers a quote from the 42-page ruling that makes this position clear: “Neither the Supreme Court nor any federal circuit court of appeals has extended Commerce Clause powers to compel an individual to enter the stream of commerce by purchasing a commodity in the private market.”

In claiming the individual mandate was unconstitutional, Judge Hudson specifically stated that “portions of the law that do not rest on the requirement that individuals obtain insurance are legal and can proceed,” according to the Washington Post. Officials in the Obama Administration concede that, if the Supreme Court were to find the individual mandate requirement the goal of President Barack Obama’s health care reform law would be crippled. Politico.com, reports that these officials concede “the lack of a mandate would cut the number of uninsured people who would get coverage in half and threaten the ban on denying coverage [to] people with pre-existing conditions.” Medicaid expansion, the creation of state-run insurance exchanges and the medical loss ratio requirements would not be impacted, however.

The ruling by Judge Hudson was not unexpected as he was very skeptical of the law during a hearing in October. Nor did Judge Hudson stay implementation of the law, which means implementation of even those PPACA provisions tied to the individual mandate may continue until a decision on the laws constitutionality is made by the Supreme Court. 

With various judges deciding differently the constitutionality of the law will need to be determined by the Supreme Court. The new Virginia decision, the others in which a federal district court judge has ruled, and a decision yet to come on a suit filed by 20 states against the PPACA in a Florida court, will need to work their way through the judicial system before the issue reaches the Supreme Court. Attorney General Cuccinelli has requested that his suit bypass the Fourth Court of Appeals (which would normally hear an appeal from a Virginia federal court) and go directly to the Supreme Court. To accept this request, the Washington Post notes that the Supreme Court would have to decide that the case “held extreme public importance” and immediate intervention was required.

Whether Attorney General Cuccinelli’s request is accepted or not, the Supreme Court is expected to rule on the constitutionality of the Patient Protection and Affordable Care Act prior to 2014.

Posted in Barack Obama, Health Care Reform, Healthcare Reform, Patient Protection and Affordable Care Act, PPACA | Tagged: , , , , | 12 Comments »