Major federal ruling for 26 state plaintiffs throws out entire Affordable Care Act
FOR IMMEDIATE RELEASE
Pensacola, Fla. – Jan.31, 2011- When Federal Judge Roger Vinson ruled today that the Patient Protection and Affordable Care Act was unconstitutional he made sure not to repeat the same mistake as an earlier federal judge in Richmond, Va.
Judge Vinson found that because the law did not contain a severability clause, ruling the individual mandate unconstitutional means that “the entire act must be declared void.”
“This case is not about whether the Act is wise or unwise legislation. It is about the Constitutional role of the federal government,” Vinson wrote in the opinion.
Regarding the plaintiff states’ request for an injunction to halt the law’s implementation, Vinson ruled that he did not have to issue an injunction—not a huge issue since most of the law does not go into effect until 2014.
A huge victory for the plaintiffs, led by Florida Attorney General Pam Bondi and lead attorney David B. Rivkin Jr., this is the second federal ruling to find that Congress overstepped its power to regulate commerce. It validates the efforts of over half the states in repealing ObamaCare and for many, carries more weight than the recent symbolic repeal vote by the House.
It is widely believed that the case, which was started by former Florida Attorney General Bill McCollum the same day the law was signed last March, will ultimately be decided by the U.S. Supreme Court.
Bondi is scheduled to appear on Fox’s On The Record with Greta Van Susteren tonight at 10 p.m.
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