Policy Documents

Florida Judge Rules Obamacare Unconstitutional

Benjamin Domenech –
January 31, 2011

A Florida judge ruled today on the primary multi-state case against President Obama's health law, finding in favor of two individual plaintiffs, the National Federation of Independent Businesses, and 26 plaintiff states -- including Alabama, Alaska, Arizona, Colorado, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Maine, Michigan, Mississippi, Nebraska, Nevada, North Dakota, Ohio, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Washington, Wisconsin, and Wyoming -- in their challenge to the individual mandate.

"Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void," Judge Roger Vinson concluded.

Given the advancement of this case, following on Virginia's separate challenge, it is almost certain the this matter will ultimately be resolved by the U.S. Supreme Court regardless what comes at the appellate level.