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Legal Commentary

: Althouse

"A federal judge in Florida says the Obama administration's health overhaul is unconstitutional, siding with 26 states that had sued to block it."

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"U.S. District Judge Roger Vinson on Monday accepted without trial the states' argument that the new law violates people's rights by forcing them to buy health insurance by 2014 or face penalties."

MORE: NYT:
Judge Roger Vinson of Federal District Court in Pensalcola, Fla., ruled that the law will remain effect until all appeals are concluded, a process that could take two years. However, Judge Vinson determined that the entire law should fall if appellate courts agree with his opinion that the insurance requirement if invalid.
That is, the judge rejected the severability argument.
The judge?s ruling came in the most prominent of the more than 20 legal challenges mounted against some aspect of the sweeping health law... 
The plaintiffs include governors and attorneys general from 26 states....

Full post as published by Althouse on January 31, 2011 (boomark / email).

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