Florida Judge Declares Entire Healthcare Law Void

Tyler Durden's picture

After a month and a half ago, a Virginia Judge found a key provision of the healthcare law unconstitutional, today Roger Vinson, Judge in a federal district court in Florida has found the entire healthcare law void.

From TPM:

A federal district court judge in Florida ruled today that a key provision in the new health care law is unconstitutional, and that the entire law must be voided.

Roger Vinson, a Ronald Reagan appointee, agreed with the 26 state-government plaintiffs that Congress exceeded its authority by passing a law penalizing individuals who do not have health insurance.

"I must reluctantly conclude that Congress exceeded the bounds of its authority in passing the Act with the individual mandate," Vinson writes. "Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void."

And some more from Bloomberg:

President Barack Obama’s health care law, assailed as an abuse of federal power in a 26-state lawsuit, was ruled unconstitutional by a U.S. judge who said Congress overstepped its authority to regulate commerce.

U.S. District Judge Roger Vinson in Pensacola, Florida, declared the entire law unconstitutional today in a 78-page opinion. He said the law’s provision requiring Americans over 18 to obtain insurance coverage exceeded Congress’ powers under the commerce clause of the U.S Constitution.

Florida filed suit on behalf of 13 states on March 23, the same day Obama signed into law the legislation intended to provide the U.S. with almost universal health-care coverage. Seven states joined the suit last year, and six this year. Virginia sued separately on March 23 and Oklahoma filed its own suit on Jan. 21.

“Regardless of how laudable its attempts may have been to accomplish these goals in passing the act, Congress must operate within the bounds established by the Constitution,” the judge wrote. “This case is not about whether the act is wise or unwise legislation. It is about the constitutional role of the federal government.”

The ruling by Vinson, who was named to the federal bench by President Ronald Reagan, a Republican, in 1983, may be appealed to the U.S. Court of Appeals in Atlanta. An appeals court in Richmond, Virginia, is already slated in May to hear challenges to two conflicting lower-court rulings in that state, one upholding the legislation, the other invalidating part of it.

Supreme Court

The U.S. Supreme Court may ultimately be asked to consider the issue. According to Vinson, of the four courts that have ruled on the health-care act, two have found that Congress exceeded its authority, while two have not. Vinson’s ruling is the first to invalidate the entire act.

“The judge has confirmed what many of us knew from the start: Obamacare is an unprecedented and unconstitutional infringement on the liberty of the American people,” Florida Governor Rick Scott, a Republican, said in a statement.

The 955-page law bars insurers from denying coverage to people who are sick and from imposing lifetime limits on costs. It also includes pilot projects to test ideas like incentives for better results and bundled payments to medical teams for patient care.

That is all.


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traderjoe's picture

Yikes! It's on like Donkey Kong...

TheGoodDoctor's picture

"There's a shitstorm coming Rand." Jim Lahey

Cindy_Dies_In_The_End's picture

I hope you go see the boys do their live show. In the interim, we're all takin' the shit tornado right back to Oz.


Pass the booze.

dlmaniac's picture

Is there a derivative to short Obama administration? I wanna go all in on that one on a 10x leverage.

financeguru500's picture

Well there goes the only solution to save medicare. So long, hardly ever knew ya.

Herd Redirection Committee's picture

This 'judge' knows the Supreme Court  will overturn his decision.  Just like with the Rahm Emanuel case (not being allowed onto the Chicago Mayoral ballot), you only have to pay off the highest court, it seems.  Lets hope it is merely cynicism talking.

Any way, check out the latest from the Capital Research Institute:

The World's Addiction to Credit


“Rapid credit growth is forecast in developing markets, which will add almost US$ 50 trillion to their credit stock by 2020. China’s credit demand will lead global credit growth: it will require US$ 20 trillion more credit in 2020 than in 2009, with 80% of that growth going to the wholesale segment. In developed markets, including the large Western economies, most of the growth will come from the government segment. In North America alone, the value of government bonds is expected to grow by US$ 12 trillion to 2020. Deleveraging in overheated retail and wholesale segments of the developed world will be significant.”

Haywood Jablowme's picture


Like I said before, Obama and his administration will probably go down as the WORST in USSofA history...



Pants McPants's picture

Not even close.  They are bad, sure, but he hasn't killed nearly enough people (yet) to be considered among such failures as FDR, Wilson, or LBJ.

PeterSchump's picture

Aren't those chaps considered to be the best among U.S. presidents?

Pure Evil's picture

Damn, if ObamaCare gets repealed, then Jakarta Jim's only other accomplishment will have been to turn the Military into one vast homosexual playground.

Strongbad's picture

In a parallel dimension perhaps.  I would rank them as the three worst as well.

blunderdog's picture

No doubt, Herd, this is a big fat nothingburger.

The Feds don't care what's Constitutional, especially talking about what some yahoo judge in Florida rules is Constitutional or not.

It's strange that anyone would think this is an important story...in a country where the Feds can read your email and listen to your phone calls without cause or warrant.  In a country which wages war at will without declaration from Congress.  In a country where your "First Amendment right" (ha) to assemble peacefully is dependent on receiving authorization from the local government to meet in a "Free Speech Zone."  Where you can't buy a gun without a 3 day wait and a background check.  Where the Supreme Court steps into the national election process despite Constitutional decree that such elections are in the hands of the States, and THEN never bothers to follow up to improve the system.  Where law enforcement armed with automatic rifles and grenades performs "no-knock" raids of non-violent citizens in their own homes.  Where our soldiers torture prisoners to death because we spent 5 years coming up with the right legal arguments about why it's not torture and why they're not prisoners.

Now some asshole in FL says this bullshit healthcare law is unconstitutional?  Fuckin' hilarious!

So what is anyone going to DO ABOUT IT? 

Nothing to see here.  This is just a PR play that won't make a lick of difference in whether the law is changed.

Mr Poopra's picture

We don't have the proper catalyst yet, but we will.  It needs to be strong enough to be self sustaining and irrefutable.  In my opinion anything short of the truth about CIA and Mossad involvement in 9/11 will fizzle out or be spun.  The universe itself is acting against them, it is inevitable.

creviceCaress's picture




sentence #1 - check

sentence #2 - check

the rest.....remember jfk?....the truth shall set you to pee


creviceCaress's picture




sentence #1 - check

sentence #2 - check

the rest.....remember jfk?....the truth shall set you to pee


nmewn's picture

I had to read this twice...agree with most...citizens don't directly elect the president, as it should be. 

This caught my eye..."Where our soldiers torture prisoners to death because we spent 5 years coming up with the right legal arguments about why it's not torture and why they're not prisoners."...I have to ask.

I assume you mean the five year policy of rendition started under Clinton, Berger, Clark in the 90's?...however our soldiers never touched them.

If you mean "waterboarding"...that's considered rough foreplay in some parts of San Francisco ;-)

blunderdog's picture

Waterboarding is torture when other countries do it, but some Americans have decided it's not torture when we do it.  I won't speak to that--it's self-explanatory.

So eliminate from discussion any deaths that occurred during waterboarding sessions, and over a hundred non-prisoners were found dead from complications of injuries they received after being non-tortured by our soldiers.  Beatings, suspension from the ceiling, long periods of sleep-deprivation, take your pick.

The military investigators have ruled many of these deaths "murder."  But hey, military investigators tend to be anti-American anyway, and since these people weren't prisoners, it doesn't count.

Aside from any facts bearing on any aspect of the circumstances, there's a good argument in there.

The real elegance is that the same soldiers who did their best to comply with their orders without losing their minds and humanity are the ones most likely to end up with dishonorable discharges and/or brig-time for the non-crimes of brutality that didn't occur against the non-prisoners.

Now THAT'S "Constitutional."

nmewn's picture

No slithering...speak to Clinton's rendition.

blunderdog's picture

Partisan hack. 

If you read my rants and think I'd support Clinton in any way, you're a moron.  His rendition policy is exactly the kind of anti-Constitutional legalist sleaze that led me to anarchism in the first place. 

So fucking what?

nmewn's picture

Of course you know I'm just jackin around with the thought process...but...

So you (or me) agree Clinton giving intel to nations who don't uphold our standard of jurisprudence was a bad idea.

So far so good.

Now what about the problem with waterboarding, which is something we put our own troops through during training?

So the logical position here must be...if it's voluntary waterboarding it must be OK (like in San Francisco), if it's involuntary waterboarding it must be torture.

Glad we got that sorted out...LOL.

I guess we don't even need to volunteer opinions on the fining of restaurant recipes in New York City because the state says they contain too much salt or fat or sugar...it must be all good ;-)

blunderdog's picture

There's no problem at all with waterboarding as long as you ignore that all-hallowed Constitution which maintains some rather quaint poetic language in it about cruel and unusual punishment.

Oh...I just figured it out...this is all about you and your little menu thing.  We obviously don't share a common sense of perspective. 

In my opinion, there's likely something very unusual about you if you'd equate being assessed a fine with being tortured to death.  But I don't blame you for it--we don't choose what we are.  If you get your weenie stand's case up in front of the Supremes, I'll come vouch for you.

nmewn's picture

"Oh...I just figured it out...this is all about you and your little menu thing."

A small thing leading to larger things.

"We obviously don't share a common sense of perspective."

I think we do. You just prefer to concentrate on painting the house while I point out the termites under the wood.

"In my opinion, there's likely something very unusual about you..."

I wish it were more pervasive.

"If you get your weenie stand's case up in front of the Supremes, I'll come vouch for you."

LOL...your a good man, I knew I could count on you to help me stand up against them.

Take care.

WaterWings's picture


Also, it's a potential hornets nest for further dividing the American people.

"They took my mom's healthcare away! Mu'fuckas! I'm burning some shit today!"

MSimon's picture

The War Aginst the Barbary Pirates was undeclared. Read the AUMF for that war. Compare it to the AUMF for the current war. How did Jefferson get away with an undeclared war? Didn't he read the Constitution?


You know - it is like the preferred mode for Paulites is ignorance.  And that is despite the point  that I think they have domestic policy 99+% right.


Problem Is's picture

"Is there a derivative to short Obama administration?"

If Their Careers Were Their Stock Price
Which one of those moronic, incompetent pricks would you short with SO many to choose from?

Obummer? Bone-head Biden? "Empty Suit" Holder? Mary "Queen of Porn" Schapiro? "Fat" Larry Summers? Valerie "Jevees" Jarrett? Rahm-Tard Emanual? David "Douche-Boy" Axelrod? Robert "I AM a Prick Lawyer" Gibbs? Sheila "Shoe Horn Up My Ass and Lovin' It" Bair? Stevie "The Rat" Ratner?...


Or perhaps Timmay "The Wanker" Jeethner?

You would have to make a Short ETF for all these loser pricks who are going down career wise...

Only Fail Upward... a la The Rube-Boy Rubin
It is a good thing that our Ruling Oligarchy only fail upwards...

A Nanny Moose's picture

Wouldn't matter. You would lose out in the daily settlement.

SilverRhino's picture

If you find it .... hell I'm ALL in!! :-)

Boxed Merlot's picture

Me too, but sense I'm already upside down, I'll throw my own shorts in.

Devout Republican's picture

Oh thank the Heavenly Father!  If you are too poor to have insurance it means God does not love you.  Try harder!

Carl Spackler's picture

If you are "too poor" to have insurance, just go to the hospital, anyway.

They will still treat you for free, and the people who have insurance will continue to pay the hospital bills of everybody.

The system has been working like that for many years.

Liberals are losers. Too bad, so sad.

Devout Republican's picture

You Betcha!  They are losers!  Happily they will be left behind to cannibalize each other while me and my ZH brothers are in the arms of the loving Father!


CrockettAlmanac.com's picture

We've seen this shtick before and it's not particularly entertaining if for no other reason than the fact that most folks here at ZH are unaligned with Teams Red and Blue. Take me for instance. I'm an objectivist, anarcho-capitalistic, pro-Palestinian, atheist Tea Partier. And I'm one of the less interesting people around here.

How's your little "Devout Republican" joke going to compete with that? Free market individualism has made ZH a far more entertaining and informative place than your centrally planned, partisan humor could ever hope to equal.

Flakmeister's picture

  Kudos... Impressive resume...as for me

Social liberatarian, anti-corporatist, eco-realist, pragmatic, progressive, empiricist, atheist sprinkled with a smattering of Buddhist. That being said I'd sooner vote for the devil incarnate than any Republican that has "graced" my ballot.

Devout Republican's picture

</snark>DR loves you!<snark>

Palin 2012!</snark></body></html>

Flakmeister's picture

  Sorry, but the trolling nets have been drawn up for evening.. Better luck next time.

lawrence1's picture

Agreed, at least the devil seems to be a thinking being, not a rigid, brain-dead dogmatic
cliche-infested republican.

whatz that smell's picture

eating sinners is a sin, pink jesus.

Confused's picture

I junked you. Not because I disagree with you, but its how you said it.


This is what gives religion a bad name. People that think they know what the creator would think. 


I bet you think he hates "gays" too. 

Devout Republican's picture

I wouldn't know about that.  Personally, I can't understand why people would chose to live that lifestyle.

McJobsworth's picture

because they would like to stick their love rocket that your good lord created up your poo poo passage?