Virginia Judge: Health Care Plan Unconstitutional

December 13th, 2010
in News, Background

The Wall Street Journal - U.S. District Judge Henry E. Hudson of Virginia said the health care law's requirement that most Americans carry insurance or pay a penalty "exceeds the constitutional boundaries of congressional power."

Follow up:

 

Judge Hudson didn't grant the plaintiffs' request for an immediate nationwide injunction against the entire law or against the requirement that most Americans carry insurance. That requirement begins in 2014.

The judge also said that his ruling only strikes down the requirement to carry insurance, known as the individual mandate, and the provisions of the law that are directly dependent on it.

The Supreme Court is ultimately expected to settle the issue after the Virginia case and other similar ones wind their way though the courts.

Obama administration officials say the ruling amounts to an attack on one of the law's most popular provisions—the ban on insurers denying coverage to people with pre-existing health conditions. They say that piece of the law cannot work unless coupled with a requirement that nearly all Americans carry insurance.  Read more.....









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