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Judge in Florida rules health reform unconstitutional

Today in Florida, U.S. District judge Roger Vinsin ruled on behalf of plaintiffs in a 26 state lawsuit that the Health Care Reform law unconstitutional. This ruling goes beyond the Virginia ruling which focused solely on the constitutionality of employer mandate and whether the government over reached its authority of requiring citizens to purchase a product. Vinsin expanded on that ruling and explained that because the individual mandate is unconstitutional, and more importantly, that the mandate provision is not severable from the rest of the law, he declared the entire law unconstitutional. This is a much more sweeping ruling than had been expected. He however, stopped short of stopping the law from going forward.

Vinson’s ruling will most likely be appealed to the U.S. Court of Appeals in Atlanta and ultimately to the U.S. Supreme Court. There is also an appeal scheduled for the Virginia ruling in May.

About the Author

Christopher Nadeau is a Principal at William Gallagher Associates (WGA) and head of the Employee Benefits Group. Mr. Nadeau counsels his department to develop and redesign employee benefits programs to match the corporate philosophy, long-term needs and objectives of their clients. He is also an industry leader on Healthcare reform and the cost impact and administrative burden on employers.

617.646.0351 | CNadeau@wgains.com | Follow Chris @Chris_Nadeau

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