Florida Judge says: NOBAMACARE!

Before today, there were 3 court rulings on the Federal Healthcare reform package. Two had rule in favor and one struck down the section of the bill requiring the purchase of healthcare. However, the biggest case of them all involving 26 states had finally been decided earlier today. In the words of Justice Roger Vinson of the U.S. District Court in Pensacola, “A declaratory judgment shall be entered separately, declaring ‘The Patient Protection and Affordable Health Act’ unconstitutional.”

After reading the 78 page judicial opinion on Obamacare, Justice Vinson hit this legislation on two fronts. First, he declared the individual mandate to purchase insurance unconstitutional. The Commerce Clause has been used to regulate activities like growing marijuana, navigating waterways, and the like - but had never been used to force someone to do something they weren’t already doing. “It would be a radical departure from existing case law to hold that Congress can regulate inactivity under the Commerce Clause,” he writes.

Secondly, he had to declare the severability of the individual mandate. In legal terms severability decides if a piece of legislation can survive without its unconstitutional language. In this complex bill, Justice Vinson declared that the individual mandate was not severable. Hence, the entire bill was declared VOID. The next step for this lawsuit is the Supreme Court, pending an appeal from the U.S. Justice Department of course.

Finally, a small sigh of relief for small businesses and Americans everywhere – but so much damage is already being done and it’s not even 2014, when this bill comes into full effect. Restrictions on insurers are causing smaller insurance firms to exit the market, thereby, reducing competition. Principle Financial dropped all of their 840,000 health insurance customers last fall. In 2014, small businesses with more than 25 employees to must offer health coverage (as opposed to the current threshold of 50) or pay a $750 penalty per employee and an increased Medicare payroll tax of 3.8% to take effect in 2013. During this unending recession when we need small businesses to start hiring, they are NOW preparing for an onslaught of fees and regulations! While all this is occurring, the Federal Government has begun drafting what Health benefits to dictate to insurance companies.

Justice Vinson has just taken us one step closer to repealing this bill. For the government to dictate what to purchase and for how much is nothing short of tyrannical. What’s next? A government mandate to buy California wine because it’s good for our countries winegrowers or a mandated apple-a-day to keep Obamacare away?

Bravo Justice Vinson for your gavel heard 'round the world proclaiming “NOBAMACARE!”