Health Care Reform Constitutionality to be heard in June

April 5, 2011

As you probably recall, Florida Federal Judge Roger Vinson ruled that the “individual mandate” provision of the recent health care reform bill was unconstitutional.  Judge Vinson’s ruling determined that the individual mandate, which requires that each individual have  health care insurance or pay a fine, was not severable from the rest of the bill; therefore, the entire law was unenforceable. 

Although a review of this sort of complex and controversial legislation would normally take many months, the 11th Circuit Court of Appeals, in Atlanta, Georgia, has agreed to fast-track it to hearings on June 8, 2011.  The court will determine not only whether the individual mandate is constitutional, but also whether the rest of the law can be enforced without it. 

Judge Vinson is not the only judge to make a ruling on the Health care Reform law.  Judges in Virginia and Michigan have ruled that it is constitutional, and a different judge in Virginia has ruled it unconstitutional on similar grounds as the Florida court.

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Maucere Law Group LLC’s International Business Law Blog. Focusing on legal issues affecting U.S. and global businesses, cross-border transactions, and dispute resolution.

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