A federal judge in Virginia has ruled part of President Barack Obama’s healthcare reform unconstitutional. It is the first major setback for the reform and in particular, the provision which would allow for every American to be covered by 2014.
“The unchecked expansion of congressional power to the limits suggested by the Minimum Essential Coverage Provision would invite unbridled exercise of federal police powers,” Judge Henry E. Hudson wrote. “At its core, this dispute is not simply about regulating the business of insurance – or crafting a scheme of universal health insurance coverage – it’s about an individual’s right to choose to participate.”
Hudson’s words marked the first successful court challenge of any part of the Affordable Care Act. The fact that he issues such a strong response, since none of the other challenges have been successful, did not come as a surprise to White House Press Secretary Robert Gibbs. Gibbs remains positive that the law will be upheld.
“I would say that challenges like this are nothing new in terms of laws that have come before the courts in the past in which our position has prevailed,” Gibbs said at a press briefing Dec. 13. “We’re confident that it is constitutional. And quite frankly, of the three courts that have rendered decisions on this question, two have ruled in our favor.”
Despite his ruling, Hudson did not rule that the unconstitutionality of that provision had an effect on the rest of the act and he didn’t grant an injunction blocking the federal government’s effort to implement the law.
However, this is still seen as a victory for conservative opponents of the law. Many believe this is the beginning of the law’s repealing.
“I am gratified we prevailed,” Virginia Attorney General Ken Cuccinelli told CNN. “This won’t be the final round, as this will ultimately be decided by the Supreme Court, but today is a critical milestone in the protection of the Constitution.”
A federal judge in Florida began hearing arguments on Dec. 16 on the very same provision. That suit has been filed on behalf of 20 states So far of the 15 cases that have been tried, two have upheld the law, one has ruled it unconstitutional, and 12 others have been dismissed.