Federal Judge Strikes Down ObamaCare; Individual Mandate Unconstitutional

Federal Judge Roger Vinson of the Northern district of florida has ruled the individual mandate of ObamaCare is unconstitutional. Unlike the decision in Virginia last year which also ruled the individual mandate unconstitutional, Judge Vinson denied the mandate was severable from ObamaCare, thereby ruling the entire kit and kaboodle unconstitutional. There is no need for an injunction against obamaCare because no part of it may now be implemented.

Do not get too excited about this ruling. While it is the 26 state lawsuit against ObamaCare, nothing much matter about rulings at the federal court level. Judge Vinson’s sweeping end to ObamaCare in its entirety makes me suspicious of the legal grounds of his decision. There is a flaw in the drafting of ObamaCare, however--it does not have an expressed severability clause which virtually every other piece of legislation possess just in case paert of the new law is ruled unconstitutional. Perhaps if anyone had, you know, read the darn thing before passing it, that would not have happened.

I guarantee none of the mechanisms putting ObamaCare in place, even in states party to the suit, have slowed down, much less stopped because of this ruling, nor will they. Nevertheless, this is an indication the legal battle over ObamaCare will continue. I dare say it will end up in the United States Supreme Court eventually. With at least half the states questioning the constitutionality of the individual mandate, the issue is already ripe. The case just needs to make its way up the judicial hierarchy before the SCOTUS can hear it.

You may read a PDF of the decision. Meanwhile on the political front, the Senate GOP is united in support of ObamaCare repeal. I imagine any real scaling back of ObamaCare will take place on the political front, but we shall see in time.