Since the idea of reconciliation entered the minds of congress as a way to pass the Health Insurance bill there has been raging debate on the constitutionality of the bill. Not for the way it was imposed on the American people but for what it imposed. We could argue all day about parts of the bill but one Judge in Florida had made a very clear and somewhat wordy argument for the unconstitutional nature of the individual mandate.
Since Judge Vinson issued his ruling the Department of Justice has already issued an appeal. As you read Judge Vinson’s ruling you are amazed by the depth to which this man researched one of the most important issues of our time. It took this judge 78 pages to decide 2 items. What people don’t realize is that it was a split decision. The reality is that the matter of the individual mandate due to the governments own contention on its importance to the legislation. Striking down that mandate would hollow out the law entirely. Not being able to sever as most court decisions can do makes this law useless. But let’s take a minute to reflect on the governments win.
Judge Vinson ruled that the Medicaid expansion forced on the states by this law was constitutional. The states contended that the law would create a new and much larger class of people covered by medicaid. This being an unfunded mandate would place undo strain on the coffers of the individual states. The judge ruled that there would be no coercion on the part of the government due to the voluntary nature of Medicaid. I don’t see anyone applauding this decision. But say that the government can’t force you to buy health insurance and you get labeled a Tea party judge and a nut. read more »