Florida Judge Rules New Health Care Law Unconstitutional: What is Next?

Two judges have declared the health care reform law unconstitutional and two have upheld the law. What impact will this have on Obamacare?

2011-04-02

April 02, 2011 (Press-News.org) In late January, a district court judge in Florida issued a lengthy opinion holding that the new federal health care reform act shepherded into law by President Obama is unconstitutional. Although news of the ruling has traveled fast, many are wondering just what the decision means for the future of the health care law.

The Case

In a joint lawsuit involving 26 states, Federal District Court Judge Roger Vinson found that the health care law popularly known as Obamacare overstepped the authority granted to Congress by the U.S. Constitution. Specifically, Judge Vinson ruled that because portions of the law force individual citizens to buy health insurance, it exceeded the power to regulate commerce granted by the Constitution.

However, while Judge Vinson declared Obamacare unconstitutional, he did not issue an injunction. This means that while the government appeals the decision, implementation of the health care law will be allowed to continue. For most citizens, the decision has a more symbolic than practical effect, and for the time being at least, the health care law will likely continue to be implemented and enforced as originally planned.

Higher Courts on the Horizon

At this point, two federal district court judges have upheld the health care law, and two (including Judge Vinson) have found it unconstitutional. Next comes reconsideration at the federal Circuit Court of Appeals level; the Fourth Circuit is set to review Judge Vinson's decision this May, and the Sixth Circuit is currently considering a similar appeal. The final test of the health care law will likely come at the U.S. Supreme Court, although President Obama and a number of leading politicians have expressed a willingness to consider changes to the law, which may make a Supreme Court decision unnecessary.

Waiting on the Courts

With the validity of the health care law in question, millions of Americans affected by its provisions are left in a state of uncertainty. For those considering insurance options, facing severe illness, or pursuing a medical malpractice claim, the constitutionality of the new health care law could have important implications. If you have questions about your legal rights, contact an attorney.

Article provided by Fiol Law Group
Visit us at www.advocatesforyou.com

ELSE PRESS RELEASES FROM THIS DATE:

Surprising finding from smoke inhalation study

2011-04-02

MAYWOOD, Ill. -- An award-winning Loyola University Health System study includes some unexpected findings about the immune systems of smoke-inhalation patients. Contrary to expectations, patients who died from their injuries had lower inflammatory responses in their lungs than patients who survived. "Perhaps a better understanding of this early pulmonary immune dysfunction will allow for therapies that further improve outcomes in burn care," researchers reported. Results were released at the 43rd annual meeting of the American Burn Association. The project won the 2011 ...

Insulin could be Alzheimer's therapy

2011-04-02

BUFFALO, N.Y. -- A low dose of insulin has been found to suppress the expression in the blood of four precursor proteins involved in the pathogenesis of Alzheimer's disease, according to new clinical research by University at Buffalo endocrinologists. The research, published in March online in the Journal of Clinical Endocrinology and Metabolism, suggests that insulin could have a powerful, new role to play in fighting Alzheimer's disease. "Our results show clearly that insulin has the potential to be developed as a therapeutic agent for Alzheimer's, for which no satisfactory ...

Jumeirah Opens its First Hotel in Pudong, China

2011-04-02

Jumeirah Group, the Dubai-based luxury hotel company and a member of Dubai Holding, has announced the soft opening of its first five-star luxury hotel in China at the Himalayas Centre in Pudong, Shanghai. Jumeirah Himalayas Hotel Shanghai features 401 contemporary Chinese-style guestrooms, including 62 suites and residences, four restaurants and lounges, a 24-hour fitness centre and indoor swimming pool. The hotel also offers extensive meeting, conference and event facilities, including two grand ballrooms and a 5000m2 rooftop Infinity Garden, perfect for weddings and ...

Prudential Reveals Number of Poverty Line Pensioners on the Rise

2011-04-02

Prudential has revealed that more than a third (35 per cent) of people planning to retire in the UK this year will do so with incomes below the poverty line. To meet its minimum income standard the Joseph Rowntree Foundation, the charity that funds a large, UK-wide research and development programme, estimates that a single person in the UK needs at least GBP14,400 a year, yet 35 per cent of those retiring in 2011 will have a retirement income below this level, up from 32 per cent in 2010. Prudential's Class of 2011 study surveyed people intending to retire this year ...

Research on satellite imagery aims to advance sustainable agriculture

2011-04-02

CORDOBA, SPAIN—Irrigating agricultural crops places huge demands on water resources around the globe. In Spain for instance, where agriculture is a major contributor to the nation's economy, 85% of country's total water demand comes from the agricultural sector. The excessive use of irrigation water has resulted in serious environmental concerns in Mediterranean countries, where rising demand has deteriorated groundwater resources, depleted aquifers, and accelerated saltwater intrusion. Scientists in Spain are working on new technologies to classify and monitor irrigated ...

'Good cholesterol' nanoparticles seek and destroy cancer cells

2011-04-02

HOUSTON - High-density lipoprotein's hauls excess cholesterol to the liver for disposal, but new research suggests "good cholesterol" can also act as a special delivery vehicle of destruction for cancer. Synthetic HDL nanoparticles loaded with small interfering RNA to silence cancer-promoting genes selectively shrunk or destroyed ovarian cancer tumors in mice, a research team led by scientists from The University of Texas MD Anderson Cancer Center and the University of North Texas Health Science Center reports in the April edition of Neoplasia. "RNA interference has ...

Betfair Casino Launches Live Dealers

2011-04-02

Betfair Casino has announced the addition of live dealers to its website. This new feature will mean that live dealers who are situated in actual casinos around Europe will be featured on the Betfair Casino website on a number of games. Playing on the site will never be the same as users can now virtually step into one of a variety of top casinos. The only difference is that users can do it all from the comfort of their living room but are still able to experience the look and feel of a real casino and get dealt cards by an actual dealer. Live dealers are a new way ...

Barclaycard Freedom Celebrates First Birthday

2011-04-02

Barclaycard Freedom, the loyalty scheme from Barclaycard, celebrates strong figures on its progress since launch one year ago. The scheme has encouraged Barclaycard Freedom cardholders to spend on average 14% more in launch partner stores than other credit card customers. There are now one million active Barclaycard Freedom customers earning and redeeming Reward Money across over 20,000 coalition partners. Over the last 12 months, the average value redeemed has doubled. Joint promotions have driven much of this growth, with cardholders who have benefited from retailer ...

Writing assignments boost critical thinking skills for landscape design students

2011-04-02

AMES, IA—Dr. Ann Marie VanDerZanden is preparing students in her horticulture classes for challenging careers by boosting their critical thinking capacity. "Horticulture graduates entering the field of landscape design and installation must be able to integrate technical skills with practical applications. This requires higher-order thinking skills such as analysis and synthesis", VanDerZanden explained. The Iowa State University professor designed a curriculum that integrates reflective writing into a landscape design course and discovered that students' quiz scores increased ...

Reverse Essure Procedure Results in Birth; Tubal Reversal Surgeons Successfully Reverse Sterilization Procedure

2011-04-02

Tubal Reversal Center in Chapel Hill, North Carolina, announces the birth of a baby following successful completion of sterilization reversal of the Essure procedure, previously considered a permanent form of female birth control. Essure Procedure Three months following her successful Essure reversal procedure at Chapel Hill Tubal Reversal Center, Michelle, a patient of Dr. Gary Berger and Dr. Charles Monteith, became pregnant and gave birth to her baby Elizabeth on February 28th, 2011. "Essure does not have to be permanent and Essure removal and reversal are possible," ...