Black Ribbon Project

for health care freedom and the doctor-patient relationship

PPACA no longer the law of the land

On January 31, Florida Judge Roger Vinson ruled Seton 1501 of the PPACA (the individual mandate) unconstitutional. In addition, because the individual mandate is essential to the legislation (as the Administration itself so vehemently argued)–“the Act’s health insurance reforms, including the guaranteed issue and community rating, will rise or fall together as these reforms ‘cannot be severed from the [individual mandate].’ ”

Given this ruling, the implementation of the PPACA should halt until and unless this decision is successfully repealed. The Administration, however, has chosen to ignore the Court’s ruling and thus is continuing to implement an unconstitutional law.

To best understand the intricacies of the ruling, read the opinion itself. It is plainly written, provides an excellent summary of the evolution of Commerce Clause interpretation, and clearly argues why allowing the individual mandate to stand would in effect destroy the existence of a government of limited and enumerated powers.

The ruling is only 78 pages– large type, double spaced–but if you are truly without the time to read it in its entirety, several recent article are worth your while.

The Nuts and Bolts of the ObamaCare Ruling by Randy Barnett and Eliz. Foley, WSJ

The Big Decision by Greg Scandlen on the Real Health Reform blog.

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