[StBernard] The Fleming Health Care Repeal Update

Westley Annis Westley at da-parish.com
Tue Dec 14 09:49:54 EST 2010

U.S. Federal District Judge: The New Health Care Reform Law is Unconstitutional

Today, a U.S. Federal District Judge in Virginia ruled that the new health care law’s mandate that Americans purchase government-approved health insurance is unconstitutional.

After reviewing briefs from both sides, including one I joined last June with 27 of my colleagues supporting the State of Virginia’s challenge to the constitutionality of the mandate and hearing oral arguments, U.S. District Court Judge Henry Hudson in his opinion today concluded that “the Minimum Essential Coverage Provision [the individual mandate to purchase health insurance] . . . exceeds the constitutional boundaries of congressional power.”

WHAT THIS MEANS FOR YOU: The Judge’s ruling today is a clear affirmation that the new health care law is unconstitutional. This decision paves the way for it to be considered by a federal appellate court before reaching the U.S. Supreme Court for a final determination of the law’s constitutionality. While the lawsuit still has a long way to go before an ultimate decision is rendered, this is a crucial win for the American people.

THE DOCTOR'S DIAGNOSIS: When government-administered health care reform passed Congress earlier this year, the majority and the President raised all sorts of claims such as it would lower insurance premiums, increase health care access and lower costs. Contrary to these claims, as this law continues to be implemented, insurance premiums continue to rise, health care insurance companies are offering fewer options, some companies will no longer offer insurance, and Medicaid and Medicare are facing significant physician shortages.

While today’s decision is an important legal victory, we are still a long way from a final resolution of this matter. As the legal process continues to unfold, Congress must push forward with a full repeal of the health care law and replace it with common-sense reforms that actually empower patients while lowering health care costs.

I remain committed to continue to work aggressively in Congress to repeal what I firmly believe to be an onerous and unconstitutional health care reform law and support market-based solutions to our health care needs.


Member of Congress

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