Federal Judge in Florida Rules Individual Mandate is Unconstitutional
Judge Vinson also found that the individual mandate is not severable from the federal health care legislation and declared the entire act void.
Today, U.S. District Judge Roger Vinson ruled that the individual mandate in ObamaCare is unconstitutional. The plaintiffs in this case included 26 states and the National Federation of Independent Business (NFIB). Unlike the Virginia case in which the individual mandate was declared unconstitutional, Judge Vinson concluded that “because the individual mandate is unconstitutional and not severable, the entire Act must be declared void.”
In making his decision, Judge Vinson wrote:
The existing problems in our national health care system are recognized by everyone in this case. There is widespread sentiment for positive improvements that will reduce costs, improve the quality of care, and expand availability in a way that the nation can afford. This is obviously a very difficult task. Regardless of how laudable its attempts may have been to accomplish these goals in passing the Act, Congress must operate within the bounds established by the Constitution. Again,this case is not about whether the Act is wise or unwise legislation. It is about the Constitutional role of the federal government.
Two federal judges in Michigan and Virginia have previously upheld the individual mandate, and Judge Henry Hudson in Virginia ruled it unconstitutional. You can read Judge Vinson’s entire decision here.