Federal judge tosses out sweeping health care reform act
January 31st, 2011
05:22 PM ET
12 years ago

Federal judge tosses out sweeping health care reform act

Washington (CNN) - A federal judge in Florida has ruled unconstitutional the sweeping health care reform law championed by President Barack Obama, setting up what is likely to be a contentious Supreme Court challenge over the legislation in coming months.

Monday's sweeping ruling came in the most closely watched of the two dozen separate challenges to the law. Florida along with 25 states had filed a lawsuit last spring, seeking to dismiss a law critics had labeled "Obamacare."


Filed under: Florida • Health care
soundoff (95 Responses)
  1. iren

    it would be nice to know which federal judge??

    January 31, 2011 03:14 pm at 3:14 pm |
  2. Wire Palladin, S. F.

    It would be more creditable if were not a Florida judge. We have a pretty sorry group of republican appointees in our court sytem.

    January 31, 2011 03:14 pm at 3:14 pm |
  3. diridi

    mandating car insurance is illegal too....it is not a privilege...driving is necessity in any industrialized nation...wake up....judge does not have brain....that kind of suo-motto is null and void...o.k. law is intended in good-faith..it is political than judiciary now in this nation...does this judge provide health insurance to all dying young in USA lacking insurance?????what a nonsense, this judiciary system....political corruption with selfish thoughts......

    January 31, 2011 03:16 pm at 3:16 pm |
  4. Dan Clayton

    The Healthcare Reform Bill is well intentioned, but it has problems. Even though the bill focuses on a political over-reach of Federal authority the real issue is the over-reach of Federal skill or operational ability. To create effective operations focused on a goal requires a good coach. A seasoned professional empowered to move, people, processes and technology around to the benefit of the goal. In this case the refrees, or rule makers have decided that they know the game best and can change the outcome by rewriting the rules...

    In short legislators need to remain legislators and empower the good parts of the healthcare industry to make things better, penalizing the bad...

    January 31, 2011 03:16 pm at 3:16 pm |
  5. Seth

    Congratulation to everyone in Florida! You no longer have any legal obligation to buy Car insurance, Renter Insurance, Home Owners insurance or quite frankly any service the government has ever forced you to pay for. You don't have to pay for trash pick up or for water treatment or for public schools. Florida state federal judges have just declared that the government is not aloud to make you to pay for anything you do not want.

    January 31, 2011 03:17 pm at 3:17 pm |
  6. nceeno

    Ouch...and the first round goes to the People.

    January 31, 2011 03:18 pm at 3:18 pm |
  7. Anonymous

    Great news ......A federal judge in Florida has struck down as unconstitutional key parts of the sweeping health care reform bill.

    January 31, 2011 03:18 pm at 3:18 pm |
  8. Johnny Rivera

    I am sure that the new health law needs revision and changes but I do hope republicans do not kill the idea that all US citizens deserve good medical care.

    January 31, 2011 03:22 pm at 3:22 pm |
  9. ken

    Even though i like alot of the effort behind the health care reform, I must say that you can not force people to be insured.
    We do thing voluntary in this country and when we start making things like health insurance mandatory, we go down road
    that is unconsitutional.

    January 31, 2011 03:22 pm at 3:22 pm |
  10. PJ

    The only insurance that should be mandated is auto insurance. When did the great US of A become a country of Dictatorship. What about the families who work for Big corporations like Walmart who pay next to nothing and the families cannot afford insurance which mean having insurance our food for their family. It is about time that someone stands up. More need to.

    January 31, 2011 03:24 pm at 3:24 pm |
  11. Mark

    Obama is unconstitutional.

    Whats funny is most Americans still don't realize their premiums will be taxed increasingly over the next five years to pay for it:)

    January 31, 2011 03:25 pm at 3:25 pm |
  12. david

    I do not work and can barely get unemployment. When I worked last, I could not afford health care or medicine. I go to the county clinic now and I have to wait three months to see a doctor.

    January 31, 2011 03:25 pm at 3:25 pm |
  13. Voice of Reason

    If you cant mandate that people have health insurance – then you cant mandate that Emergency Rooms provide health care.

    Simply put – we already fund health care in the most expensive way possible. We mandate that if someone is isck and they come into an ER, then they have to be treated and 'stabilized' regardless of coverage. So if you have no health insurance, rather than going to your Dr. for a checkup, and getting some antibiotics, you'll instead let an illness fester until it reaches emergency proportions, and go to the ER. There you'll be treated and stabilized free of charge (cause you cant pay anyway) and the rest of us foot the bill. You're welcome.

    Now how about some REAL health care reform, Washington??

    January 31, 2011 03:26 pm at 3:26 pm |
  14. cykill

    does this mean a law requiring me to buy auto insurance is unconstitutional?

    January 31, 2011 03:26 pm at 3:26 pm |
  15. Independent

    States can mandate these kinds of purchases, The federal Gov can not. No Auto insurance is nowhere near the same thing. I do not have to buy a car or Auto insurance.

    January 31, 2011 03:26 pm at 3:26 pm |
  16. Snow

    allllllllllll right. One more nail in the obama care coffin.

    January 31, 2011 03:27 pm at 3:27 pm |
  17. Mary Muir

    Please consider the three other Federal Judges who have upheld the mandate as constitutional (Virginia, Michigan and California). You are required to purchase car insurance to drive and I have not seen anyone challenging the constitutionality of that. There are no enforcable penalties for those who choose not to purchase insurance and just decide to mooch from the rest of us when they get hit by that bus and spend two months in ICU or when they fall down their steps and break their hip and can't pay the thousands of dollars it will cost to heal. You know that when crunch time comes and those uninsured people need medical care they will walk into the ER (or be carried in) – and this adds thousands of dollars to the cost of treatment.

    January 31, 2011 03:27 pm at 3:27 pm |
  18. Name

    It works extremely efficiently in japan...we should implement it here. Individual mandate is good.

    January 31, 2011 03:29 pm at 3:29 pm |
  19. DJ Burn

    Democrat VS Republican 2-2 Now is up to the Supreme Court to break the tie score in overtime to 6-5, the question is who is going to be the winner? Republicans, Democrats or the American people

    January 31, 2011 03:30 pm at 3:30 pm |
  20. obama victim

    Constitution 1 Barry 0

    January 31, 2011 03:33 pm at 3:33 pm |
  21. AB Baltimore MD

    This ruling is ridiculous in light of the fact the federal government requires almost all Americans to pay into Social Security and Medicare insurance programs, a requirement that is constitutional and legally proper. How is the health insurance mandate in the Obama reform plan any different from that of social insurance? The healthcare law is constitutional since it is consonant with the general welfare promotion provision of the US constitution. Furthermore, the Constitution allows the federal government to enact and enforce laws that are neccessary and proper in order to execute and promote its constitutionally required duties–heathcare laws being one of them.

    January 31, 2011 03:33 pm at 3:33 pm |
  22. riley

    Put that in your pipe and smoke it Nancy.

    January 31, 2011 03:33 pm at 3:33 pm |
  23. George

    The civil war is re ignited. South v. North on the subject of...............HEALTH CARE????

    Am I missing something?

    January 31, 2011 03:34 pm at 3:34 pm |
  24. MartiM

    If people are not required to buy insurance, then I, as a taxpayer, should not be required to pay for their healthcare services (for example, in the emergency room) – repeal EMTALA as well.

    January 31, 2011 03:35 pm at 3:35 pm |
  25. Reverse Auto

    Time to start reversing the individual mandate requirements for auto liability insurance state by state now...wink, wink

    January 31, 2011 03:35 pm at 3:35 pm |
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