The New York Times
Mon, December 13, 2010 -- 12:24 PM ET
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Federal Judge Invalidates Key Provision of Health Care Law
A federal district judge in Virginia ruled on Monday that the
keystone provision in the Obama health care law is
unconstitutional, becoming the first court in the country to
invalidate any part of the sprawling act and insuring that
appellate courts will receive contradictory opinions from
below.
Judge Henry E. Hudson declined to freeze implementation of
the law pending appeal, meaning that there should be no
immediate effect of his decision. But the ruling is likely to
create confusion among the public and further destabilize
political support for the law.
Judge Hudson wrote that the law's central requirement that
most Americans obtain health insurance exceeds the regulatory
authority granted to Congress under the Commerce Clause of
the Constitution. The insurance mandate is central because
insurers say they cannot afford treatment for expensive
chronic conditions unless healthy people have policies as
well.
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