Senior Federal Judge Roger Vinson has ruled that “[b]ecause the individual mandate is unconstitutional and not severable, the entire Act [ ] must be declared void.”
Colorado Attorney General John Suthers comments on Mike Rosen’s show, Tuesday Feb 1:
At the Volokh Conspiracy,writes:
The mandate is not severable from the health control act. Defendants themselves have argued forcefully that the mandate is absolutely essential to the entire regulatory scheme. There is no severability clause. The mandate is tightly integrated into the entire act. …
The entire act is declared void. According to Cato’s Ilya Shapiro, this means that the federal government (presuming that it will obey the law) must immediately stop enforcing the entire health control law. Of course the 11th Circuit might grant a stay, and Judge Vinson might also do so, but as of right now, there is no stay.
Kopel’s whole post: Judge Vinson rules federal health control unconstitutional.
- The Nuts and Bolts of the ObamaCare Ruling, by Randy E. Barnett and Elizabeth Price Foley in the Wall Street Journal.
- Florida Ruling Goes Further than Any Obamacare Court Decision to Date, by Grace-Marie Turner.
- Judge Vinson’s ruling.