Health Care Reform struck down by Virginia Federal Court Judge
Health Care Reform struck down by Virginia Federal Court Judge
On December 14th 2010 Henry E. Hudson a U.S federal judge in Virginia ruled parts of the new health care law to be unconstitutional. This marked the first time since the health care reform act was passed in March that any court has tried to strike it down. The part of the law that was ruled to be unconstitutional was the part that caused so much controversy when it first came out, that being the requirement of all Americans to have health insurance or be forced to buy it.
Hudson wrote in his 42 page opinion of the law that requiring Americans to pay for insurance or be fined can not be justified under congressional authority to regulate interstate commerce. Virginias Stance on the issue is that people who choose not to have health insurance are not engaging in any commerce, there for congress exceeded its power by enacting a law tat forces Americas to be covered.
Many experts on the law view this however as a small victory for propionates of the reform. Changes like the closing of the "doughnut hole" will still happen and programs like "The Early Retiree Reinsurance Program" will still be happening. What those who oppose the reform have to enjoy about this is that the ruling sets in motion what will sure be a trip to the Supreme Court for this issue. Also it forces judges and politicians to discuss the reform and address whether requiring people to buy insurance is it unconstitutional or not.
The challenging of the health care reform law surely will start more discussion on just what the future holds for the 2000 page legislation. With republicans gaining power in the new congress after the first of the year, you can more than likely look forward to more challenges to the reform.