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Federal Judge Rules Health Care Mandate Unconstitutional

Washington, December 13, 2010 - A federal judge today ruled a provision of the new health care law which requires all Americans to purchase health insurance or pay a fine to be unconstitutional. The ruling stems from a lawsuit brought by Virginia Attorney General Ken Cuccinelli. A federal judge in Florida is set to rule later this week on a similar lawsuit filed by Florida Attorney General Bill McCollum and 20 other states.

“This ruling confirms what many have known for quite some time; that the federal government cannot force Americans to buy a particular product or face a government penalty for failing to comply,” said Congressman Bill Posey (R-Rockledge). “The federal government’s authority is limited and our Constitution, with its Bill of Rights, serves to promote freedom and protect individual liberty from compulsion.”

Most Americans remain skeptical of the new law which is already driving health care costs higher and hampering job creation because of its adverse impact on the economy. According to the Administration’s own regulatory assessment, more than half of all Americans will lose their current health plan, contrary to promises made by the President prior to the bill’s passage.

Small businesses, which are responsible for the creation of 65% of new jobs, will face a half a trillion dollars in job-killing tax increases under the new health care law. Furthermore, there is an additional $210 billion in new payroll taxes that would disproportionately affect small business owners as well as twenty new insurance mandates which are driving up the cost of medical care for employees of small businesses.

Under this new law, Americans are losing the freedom to make their own health care decisions as the federal government will have significant influence over the costs and benefits in Americans’ health care plans. In total, the law creates 159 bureaucracies and the Congressional Research Service suggested there could be more as a more precise estimate is currently unknowable with 4,103 pages of regulations to date to implement 2,700 pages of law.

“I’m sure the U.S. Supreme Court will weigh-in on this issue, but this ruling is a step in the right direction of preserving our individual freedoms and our right to make our own medical decisions,” added Posey.

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