U.S. District Judge Roger Vinson has ruled today that the Obama administration’s health care overhaul is unconstitutional, siding with the more than half of the states in the union suing to block the federal over-reach. Obama signed the 10-year, $938 billion health care bill into law in March 2010.
The federal judge accepted without trial the states’ argument that the new law violates people’s rights by forcing them to buy health insurance.
Read Judge Vinson’s 78-page ruling here.*
Obama’s lawyers had argued that the states did not have standing to challenge the law and that the case should be dismissed. Two other federal judges have upheld the insurance requirement, but a federal judge in Virginia also ruled the insurance provision violates the Constitution.
In his ruling, Vinson, a Reagan appointee, went further than the Virginia judge and declared the entire health care law unconstitutional
Expect the next stop to be the U.S. Supreme Court.
FOX News carries a complete report.
Michelle Malkin reports that Sen. Jim DeMint tweets that all 47 GOP Senators are now on board as co-sponsors of his ObamaCare repeal bill. Read the Department of Justice’s retort here as they ready their appeal.
The Washington Times reports that in ruling against Obama’s federally mandated health care, Judge Vinson used Obama’s own position from the 2008 campaign against him, when he argued that there are other ways to tackle health care short of requiring every American to purchase insurance.
“I note that in 2008, then-Senator Obama supported a health care reform proposal that did not include an individual mandate because he was at that time strongly opposed to the idea, stating that ‘if a mandate was the solution, we can try that to solve homelessness by mandating everybody to buy a house,’” Judge Vinson wrote in a footnote toward the end of the ruling.
* H/T Scribd