Prof. Timothy S. Jost
Vinson wrote in his 78-page decision that Congress exceeded its lawmaking power by requiring individuals to purchase health insurance. While the judge did find many of the new law's provisions constitutional, he wrote that because the individual mandate cannot be severed from the rest of the law, the entire Patient Protection and Affordable Care Act is void.
Reacting to the ruling, Jost told the Wall Street Journal "The Supreme Court has recognized since the 1940s that insurance sales involve interstate commerce. Surely Congress has the power to adopt a comprehensive solution to the problems of our health care system under its authority to regulate commerce."
Prof. Jost also authored a lengthy analysis of Judge Vinson's decision for the blog at healthaffairs.org. Read the blog post.
Vinson's decision in the case, Florida v. U.S. Dept. of Health & Human Services, will be appealed to the U.S. Court of Appeals for the 11th Circuit. It is one of several cases filed by the states to block the health reform law. Cases are also on appeal before the 4th and 6th circuits.
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