Home > Employee Benefits > Federal Judge Rules The Affordable Care Act’s “Individual Mandate” is Unconstitutional

Federal Judge Rules The Affordable Care Act’s “Individual Mandate” is Unconstitutional

A federal judge in VA declared “the individual mandate” unconstitutional yesterday. “The Individual Mandate” is a component of the Health Reform bill that requires each American citizen to carry health insurance by 2014. The passage of the landmark Health Reform Bill earlier this year has resulted in close to 20 lawsuits around the country. This recent ruling by the Honorable Henry Hudson, however, is especially noteworthy as it is the first by a federal judge. The lawsuit was supported by a VA state law that was passed in anticipation of the health reform bill that made it unlawful to require its citizens to purchase health insurance. The US government’s position is that virtually every citizen is in the health care system. Even if they do not have health insurance coverage currently, they eventually need medical care at which point they become part of the health care system. Both sides acknowledge that this will likely end up in front of the Supreme Court prior to the year 2014 when the individual coverage component will become effective.

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