Federal judge in Florida says healthcare law is unconstitutional

TALLAHASSEE -- The battle over federal healthcare reform continued its inevitable march toward the U.S. Supreme Court, with a U.S. District Court judge in Pensacola ruling Monday that the law is unconstitutional.

``Never before has Congress required that everyone buy a product from a private company,'' Judge Roger Vinson wrote in a 78-page ruling on the Florida-led lawsuit pitting 26 states against the federal government.

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

Although he did not issue an injunction, Vinson said he assumes the federal government will treat his ruling as the ``functional equivalent of an injunction.''

It was the second ruling against the individual mandate, with a Virginia judge deeming it unconstitutional in December. In that case, though, the judge decided on the provision separately, rather than using it to dismiss the entire act. Two other federal judges have upheld the law.

At issue is whether Congress, through its powers to regulate interstate commerce, can require individuals to buy health insurance or face a tax penalty.

Vinson said no.

His ruling was cause for celebration among Republicans nationwide, with Washington lawmakers calling on a repeal vote by the U.S. Senate to match a vote last month in the U.S. House.

Federal attorneys pledged to appeal the ruling to the 11th District Court of Appeals in Atlanta.

``We strongly disagree with the court's ruling today and continue to believe -- as other federal courts have found -- that the Affordable Care Act is constitutional,'' said U.S. Department of Justice spokeswoman Tracy Schmaler.

She said the department may seek a stay to keep the law moving forward while the case is on appeal.

Besides arguing in December against the so-called ``individual mandate,'' the Florida-led states also claimed the law is unconstitutional because it burdens them with a hugely expanded Medicaid program.

Vinson ruled against that part, concluding states have the option of not participating in Medicaid.

But given that Vinson deemed the entire act void, the point is moot.

Vinson said although many provisions of the act could exist without the individual mandate, that provision is necessary to meet the intent of the law, which he concluded is reform of the health insurance industry.

``The Act, like a defectively designed watch, needs to be redesigned and reconstructed by the watchmaker,'' Vinson said.

The White House tried to play down the significance of the ruling, calling it an ``outlier'' and noting that it was backed solely by Republican attorneys general and governors.

``Today's ruling . . . is a plain case of judicial overreaching,'' read a response posted on the White House blog.

``Twelve federal judges have already dismissed challenges to the constitutionality of the health reform law, and two judges -- in the Eastern District of Michigan and Western District of Virginia -- have upheld the law,'' the White House said.

U.S. Rep. Kathy Castor, D-Tampa, said families are already benefiting from the law, including provisions that prohibit health insurance companies from denying coverage because someone has preexisting conditions, and that allow children to stay on their parents' policies until age 26.

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