On October 14, Federal Judge Roger Vinson (a senior judge who was nominated by President Ronald Reagan) of the US District Court in Florida ruled that some of the legal challenge to the constitutionality of the health care legislation would be allowed to proceed.  The Judge voiced particular concern about the mandate that nearly all Americans be required to buy insurance or pay a penalty as well as the required expansion of the Medicaid program imposed upon the states.  At the same time, Judge Vinson stated that because the mandate provision is “novel” does not necessarily mean that it is “unconstitutional” and “improper”.  There will be a full hearing on the constitutional issues on December 16.  The ruling by Judge Vinson stands in juxtaposition to the ruling by Judge George Steeh in the US District Court for the Eastern District of Michigan on October 7, 20120, where the individual mandate was upheld as a proper exercise of Congress’ Commerce Clause authority. 

Continuing with the challenges to the health care law in federal courts, US District Court Judge Henry Hudson announced on October 18 that he would decide Virginia’s challenge to the health law by the end of this year.  Opposing lawyers in that lawsuit raised arguments as to whether, if the mandate provision is declared unconstitutional by a federal court, the lack of a specific “severability” clause in the health care legislation would or would not cause the entire law to become unenforceable. 

Demonstrating the influence of politics in the court challenges, four Democratic governors, from the states of Colorado, Washington, Pennsylvania, and Michigan, recently announced a collaboration to help provide support for the health care legislation in the face of opposition to the law by their respective Republican Attorneys General.

Again, after the progression of the multiple lawsuits through the various federal district courts and then to the appropriate federal courts of appeal, the constitutionality of the healthcare law may ultimately have to be decided by the U.S. Supreme Court.

About Sam Fish

Sam Fish has over 40 years of legal experience in federal and state human services laws and programs, having joined PCG in 1995 after serving as Chief Counsel, Region I, for the U.S. Department of Health and Human Services for more than 25 years. At PCG, Sam provides legal advice and counsel and has served on many projects that required legal research and interpretation and implementation of many federal and state laws.

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