A federal judge in Florida struck another blow to the Obama administration’s health care overhaul, this time throwing out the entire law. Because of the mandate that requires people to purchase health insurance, the entire law must be voided, U.S. District Judge Roger Vincent ruled Monday.
Vincent became the second federal judge to rule that the historic health care reform act is unconstitutional, giving more momentum to Republicans who have been vowing to repeal it. Vincent wrote:
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.
The Obama administration immediately pledged to appeal the judge’s ruling to the 11th Circuit Court of Appeals, warning that health care costs would soar if the law is overturned. The case appears headed for the U.S. Supreme Court.
Opponents of the legislation, including Louisiana’s Democratic attorney general, were elated by the ruling. Buddy Caldwell, who joined 25 other states in a lawsuit filed against the law last March, applauded the ruling, noting that the court also found that the individual mandate is not “severable” from the rest of the act. “If Congress could force Americans to buy health insurance, it could force Americans to buy anything. Everyone agrees our system of health care needs reform, but the Constitution places limits on what Congress can force people to do," Caldwell said. "The individual mandate plainly exceeded those limits, and the court rightly struck it down, and the entire Act along with it.”
The AG said the court recognized that when Congress required every American to buy federally-approved health insurance — or pay a fine — “it did something literally unprecedented in our nation’s history.”
To post a comment, please log into your IND account. If you do not have an account, click the "register" button to create one. Facebook comments can be used as an alternative to creating an account at theIND.com.
DEC 6 Here we are, at the top of another bad list: this time, Louisiana has the (dubious) honor of beating out all other states when it comes to gutting higher ed funding, this Picayune story reports. The American Association of Colleges and Universities says our cuts (nearly 18 percent this year alone) are the highest in the nation. Three-fourths of the states increased funding last year, with the top spender increasing funding by 28 percent. This is a great legacy for our governor, right?
DEC 6 Blogger Lamar White Jr. takes a look at the creepy effort over in Baton Rouge, wherein the southern, lily-white area of the city wants to secede from the union, er, create its own "city" and take all the really fat sales tax cows with it. Turns out the group campaigning for the move is a for-profit corporation, and Lamar says that means its effort won't pass legal muster.
DEC 6 Blogger Tom Aswell tells us about some fishiness he found in the state worker's comp office. There's some confusion about when one guy started working there, and there's also some involvement by a GOP lege from Hammond. It's all just another example of the Jindal administration's actions that "defy explanation," Aswell says.
DEC 6 Edwin Edwards may think it's possible he will be governor again, but columnist James Gill isn't so sure. Edwards would have to get a presidential pardon to run for governor -- unless he wants to wait until he's 99, Gill says. But even Edwards' many supporters should probably hope he doesn't get that, because there's no real chance he can win, Gill says.
DEC 6 Here's an interesting post on DIG Magazine for football history buffs. It's about the Pelican Bowl, the Bayou Classic and the history of black college football. It's a trip down memory lane and the story of a "mythical black college national crown." What killed it? Trying to compete with the Bayou Classic.
DEC 6 Nelson Mandela became famous while sitting in prison, where he was a symbol of apartheid. But his enduring legacy was his ability to forgive, to reach out a hand of peace to heal his country of division and oppression, and the Picayune talks about this aspect of his personality. The story also reminds us of the more light-hearted moments Louisiana shared with the former President of South Africa.
DEC 6 We've all been passed by a nut on the highway and assumed the driver was on drugs. Maybe that's not hyperbole: here's a story from the Picayune about a guy riding around with a meth lab in his back seat. One wonders if his insurance policy included coverage for random explosions.
DEC 6 Here's a new blog in the NOLA Defender; it's called Shift Change, and it's all about cocktails. This installment by Rhiannon Enlil focuses on the sazerac, the enigmatic cocktail made with absinthe. But Enlil also introduces herself, a long-time NOLA bartender who has "a lot of booze" in her house.
Read the Flipping Paper!
Click Here for the Entire Print Version of IND Monthly