NCPA - National Center for Policy Analysis

Latest Set Back: Judge Rules ObamaCare Unconstitutional

February 4, 2011

It's worth noting that Monday's ruling by U.S. District Court Judge Roger Vinson that the Democrats' health care overhaul is unconstitutional is only the latest setback for the badly flawed legislation inflicted on the nation last March, says Investor's Business Daily (IBD).

As one of the lawyers for the 26 states that sued to block ObamaCare put it: "The statute is dead."

  • That means current regulations, such as forcing insurance companies to treat 26-year-olds as children and provide free preventive care for policyholders, cannot be enforced, and new regulations should not be written.
  • It means that all bureaucratic work on the legislation must be stopped, that funding for programs be put on hold and that every working group or panel created by the statute be disbanded.
  • It means that the White House and the Senate, where the Democrats still have a majority and plan to challenge Vinson's ruling with a hearing on the Patient Protection and Affordable Care Act's constitutionality, must act as if ObamaCare does not exist.

Despite all this, and with no sense of irony, the White House contends Vinson "overreached" in his decision, vows that the revamping of the world's best health care system will continue and warns states against using the ruling to delay its implementation, says IBD.

The White House plans to appeal Vinson's ruling.  But until it asks for a stay and a court grants one, the government should cease and desist from implementing ObamaCare if it's to stay within the bounds of the law.

Source: "ObamaCare Is No Longer a Law," Investor's Business Daily, February 1, 2010.

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