Florida Judge Deems Health Reform Law Unconstitutional - February 1, 2011

On Jan. 31, U.S. District Judge Roger Vinson for the Northern District of Florida granted summary judgment to 26 states who argued that the Affordable Care Act is unconstitutional. In the decision, Florida v. U.S. Department of Health and Human Services, Judge Vinson ruled that the individual mandate in the Affordable Care Act falls outside of the federal power under the Commerce Clause. Further, he ruled that the individual mandate was not severable from the rest of the Affordable Care Act, a determination which, if upheld on appeal, would void the entire health reform law. At the same time, Judge Vinson rejected state arguments targeting another aspect of the Affordable Care Act, the Medicaid expansion, holding that such expansion did not amount to coercion of the states.

Challenges to the Affordable Care Act are almost certain to go all the way to the Supreme Court. Already, a Michigan judge has upheld the constitutionality of the Affordable Care Act, while two courts in Virginia have split on the issue. On Jan. 26, the U.S. Court of Appeals for the Fourth Circuit, which has jurisdiction over Virginia, granted an expedited review of the case Virginia ex rel. Cuccinelli v. Sebelius, which in December found the individual mandate to be unconstitutional. Under expedited review, initial briefs will be due Feb. 28, and a hearing is scheduled for between May 11 and 13, 2011. NAPH joined an amicus brief organized by the hospital industry supporting the constitutionality of the Affordable Care Act, and will continue support those efforts that favor upholding the law.