Tuesday, February 01, 2011

Florida judge strikes down most of Obamacare, says individual mandate can't be untangled

Federal judge Robert Vinson has struck down the Obamacare law in the 11th Circuit, in a ruling from Florida. It is more far reaching that a recent similar ruling in Virginia, because he says the individual mandate cannot be untangled from most of the rest of the law, so most of it is struck down. The administration will appeal for a stay.

Vinson left intact the Medicaid provisions, however; so states might not be able to control Medicaid costs by enforcing filial responsibility laws, for example.

Vinson said that the reasoning on what is “commerce” could be extended indefinitely with existential thought, and that a line needed to be drawn somewhere.

The Washington Post story by Amy Goldstein and N. C. Aizenmanand is (website url) here.  

The Opinion is available on Scribd here

Update: Feb. 3

The New York Times has an article by Reed Abelson, "Awaiting health law's progress", with a particular focus on lifetime limits on many policies, including those that are employer-based.  In the 1980s, my own lifetime limit would have been $1 million. 

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