U.S. District Court Judge Roger Vinson Rules Obamacare Unconstitutional

Posted on January 31, 2011 by Brooks Bayne in Articles

Today, a U.S. District Court Judge in Florida’s Northern District, Roger Vinson, ruled that Obamacare is unconstitutional. This is what many of us have been saying all along. The full opinion is embedded below the pertinent part of the decision.

This is an action seeking declaratory and injunctive relief from the“Patient Protection and Affordable Care Act,” P.L. 111-148, as amended by the “HealthCare and Education Reconciliation Act of 2010,” P.L. 111-152 (collectively the Act). The Act’s mandate that all citizens and legal residents of the United States maintain qualifying healthcare coverage or pay a penalty (individual mandate) is an unprecedented encroachment on the sovereignty of the Plaintiff States and on the rights of their citizens, including members of Plaintiff National Federation of Independent Business (NFIB) and individual Plaintiffs Mary Brown and Kaj Ahlburg.  By imposing such a mandate, the Act: exceeds the powers of the United States under Article I of the Constitution,particularly the Commerce Clause; violates the Ninth and Tenth Amendments and the Constitution’s principles of federalism and dual sovereignty; and violates the Fifth Amendment’s Due Process Clause.  In the alternative, if the penalty required under the Act is a tax, it constitutes an unlawful capitation or direct tax in violation of Article I, sections 2 and 9 of the Constitution.

Obamacare is unconstitutional

Tags: individual mandate, obamacare, roger vinson