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

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