Obamacare Court Decisions

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Virginia Federal Court Decision

On December 13, 2010, U.S. District Judge Henry Hudson ruled that the individual mandate was unconstitutional in the health care reform law, known as the Patient Protection and Affordable Care Act (PPACA).[1] The case was filed by Virginia Attorney General Ken Cuccinelli. Judge Hudson wrote in his statement, "This broad definition of the economic activity subject to congressional regulation lacks logical limitation and is unsupported by previous legal cases around the Commerce Clause of the Constitution."

Florida Federal Court Decision

On January 31, 2011, U.S. District Judge Roger Vinson ruled the individual mandate unconstitutional and PPACA not severable, thereby declaring the entire law unconstitutional.[2]] The case was filed by Florida Attorney General Bill McCollum, along with 25 other states and the National Federation of Independent Businesses. Judge Vinson wrote in his statement, "I must reluctantly conclude that Congress exceeded the bounds of its authority in passing the act with the individual mandate."

Kentucky's Position in the Legal Debate

To date, no court cases have been filed Kentucky's Attorney General.

References

  1. Virginia Decision
  2. Florida Decision
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See Also

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