On January 31, 2011, U.S. District Judge Roger Vinson declared the new health care law to be unconstitutional because of the mandate provision. Unlike Judge Hudson's prior adverse decision that upheld all of the law except the mandate requirement, Judge Vinson declared that the faulty mandate provision caused the entire law to be unconstitutional. However, Judge Vinson declined to block the law while the appeals process continues. He also failed to find that the law's requirement that states pay a certain increased Medicaid amount to help pay for expanded Medicaid coverage was wrongful. Perhaps reflecting the political implications inherent in this battleground, the two adverse decisions were from Republican- appointed judges, whereas the two judicial decisions in favor of the legislation have come from Clinton appointees. So the fight will now move on to the respective U.S. Courts of Appeal and seemingly necessarily eventually to 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.
Read More
