On Monday, December 13, 2010, U.S. District Court Judge Henry Hudson in the Eastern District of Virginia issued a 42-page opinion, wherein he declared the individual mandate provision of the Affordable Care Act to be unconstitutional.  In his key holding, Judge Hudson stated, "At its core, the dispute is not simply about regulating the business of insurance--or crafting a scheme of universal health insurance coverage--it's about an individual's right to choose to participate." Judge Hudson rejected the federal government's arguments upholding the mandate under the Commerce Clause and the power to tax in the Constitution.  The judge chose to sever the mandate provision from the rest of the law, thereby leaving the remainder of the Act intact.  He also refused to issue an injunction, leaving final disposition to expected appeals.  The mandate does not become operational until 2014, and it is expected that this decision will be appealed by the federal government; and decisions by other district courts and appellate courts, including a possible appeal to the U.S. Supreme Court, will occur before the mandate is ready to be implemented.  A district court in Michigan and in another district in Virginia have rejected similar challenges to the mandate.  Judge Hudson's ruling may give fuel to potential further Congressional activity relative to the Affordable Care Act. 

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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