Federal Judge in Florida Rules Health Care Reform Law
Violates U.S. Constitution

On Jan. 31, 2011, the U.S. District Court for the Northern District of Florida ruled that the health care reform law is unconstitutional, siding with the attorneys general of 26 states that sued to block the reform law. U.S. District Judge Roger Vinson accepted without trial the states' argument that the new law, specifically the so-called "individual mandate", violates individuals' rights by forcing them to purchase health insurance by 2014 or face penalties. Two other federal judges have upheld the individual mandate, but a federal judge in Virginia also recently ruled that the mandate violates the U.S. Constitution. However, while the Virginia judge ruled that the individual mandate is severable, Judge Vinson went further and declared that the individual mandate is not severable, and therefore that the entire health care law is unconstitutional. Judge Vinson did not, however, grant an injunction against the law's continued implementation, meaning that the reform implementation will continue.

The Florida suit is one of a number of legal challenges to the reform law throughout the country. The conflicting rulings in the district courts have led many to believe that the challenge will eventually be decided by the U.S. Supreme Court. The decision, however, should not affect any of the reform provisions imposing requirements or restrictions on employer and employer plans that take effect for plan years beginning in 2011.

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