Judge says PPACA is unconstitutional

by Charles Fiegl on Feb 1, 2011
A federal judge in Florida on Monday ruled the Patient Protection and Affordable Care Act (PPACA) is unconstitutional. This action, however, won’t eliminate sections of the bill already implemented by CMS. You can keep providing annual wellness visits and waiving copays and deductibles for certain preventive services covered by Medicare.
The Department of Justice (DOJ) will appeal the ruling. In a statement, attorneys for the federal government said: “We are analyzing this opinion to determine what steps, if any – including seeking a stay – are necessary while the appeal is pending … .” A stay would suspend further action on the ruling.  
The lawsuit was brought by 26 states, two private citizens and the National Federation of Independent Business (NFIB). Most have a problem with PPACA’s individual mandate requiring Americans to buy health insurance.
“NFIB joined this case to protect the rights of small-business owners to own, operate and grow their businesses free from unnecessary government intervention,” Karen Harned, an executive director with NFIB, said. “The individual mandate, which forces citizens to purchase government approved health insurance, undermines this core principle and gives the federal government entirely too much power. We are delighted Judge Vinson agreed with NFIB and the states on this critical issue.”
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