Federal Judge Rules Healthcare Reform Provision Unconstitutional
BY LAUREN UZDIENSKI, DECEMBER 13, 2010
One of the most contentious provisions in President Obama's healthcare reform legislation - the individual mandate, which requires all Americans to purchase health insurance - has been declared unconstitutional by a federal judge in Virginia. The ruling does not apply to the reform package more broadly, only the individual mandate, and the judge declined to issue an injunction that would prevent the law or the mandate from taking effect. The White House commented in a blog post that they disagreed with the decision and the DOJ was considering its appeal options.
This is one of more than 20 federal lawsuits filed against healthcare reform and the first decision against it. Two prior rulings came down in favor of the legislation, and a decision on a case in Florida is expected soon. The Supreme Court is ultimately expected to rule on the constitutionality of the legislation.
The Obama administration states that without the individual mandate, other aspects of healthcare reform will become untenable, such as the ban on payers denying coverage to patients with pre-existing conditions. The White House argues that without universal coverage, the insured population would be skewed toward sick patients, which would dramatically increase premiums.
