PENSACOLA (CBS4) – Florida Federal Judge Roger Vinson ruled the entire health care overhaul passed by Congress, and signed into law by President Barack Obama, unconstitutional Monday afternoon.

For South Floridians, the court battle over the federal health care law could impact two key parts of the population in South Florida.

South Florida has to deal with both the elderly population needing health care continuing to grow; and the numbers of unemployed workers needing health care exorbitantly high with unemployment hovering at 12 percent in Miami-Dade County.

The ruling came down without a trial as Vinson accepted the states’ argument that the new law violates people’s rights by requiring them to buy health insurance by 2014 or face fines.

The White House had argued the states lacked the standing to challenge the law and that the case should be dismissed.

The judge invalidated the entire act because the clause to fine people who don’t buy health insurance isn’t severable. When Congressional Democrats failed to put in the bill the ability of the individual mandate to be severed from the act, the entire law became susceptible to being thrown out.

The lawsuit was first filed by the then Florida attorney general Bill McCollum in a symbolic move made within minutes of President Obama signing the act into law. Florida governor Rick Scott, himself a disgraced former health care executive, issued a statement following the judge’s decision, but declined to cite McCollum’s role.

“I applaud the ruling today by Judge Vinson,” Scott said. “In making his ruling, the judge has confirmed what many of us knew from the start; ObamaCare is an unprecedented and unconstitutional infringement on the liberty of the American people.”

Florida Senate President Mike Haridopolos, who is likely preparing a U.S. Senate run against Democratic Senator Bill Nelson, also commended the decision. He went a step further than Scott and said the U.S. Senate should repeal the health care law.

“With two straight federal courts ruling ObamaCare unconstitutional, this sends a clear message to the United States Senate that it should follow the action of the House and repeal the health care law,” Haridopolos said.

Haridopolos disregarded the other two federal judges ruling the health care law constitutional. A Virginia judge issued a similar ruling to Vinson’s.

A total of 26 states have joined in with Florida to fight the health care law, with almost all of those states led by Republicans.

The case will end up before the Supreme Court and could set up a showdown over exactly how much power states have versus the federal government.

Based on recent comments from the most conservative Supreme Court Justices, and decisions from the Court, the states argument will likely fall on deaf ears.

Comments (22)
  1. Joanne Brown says:

    so then, why is it constitutional for states to REQUIRE AUTOMOBILE INSURANCE?

    1. Dave Brown says:

      that is a State Law…not Federal!!!

    2. david Van Note says:

      it is mandatory IF you choose to own a vehicle. The state does not require you to purchase auto insurance if you do not own a vehicle nor does it penalize you for not having it if you choose not to own a vehicle

  2. Dave Brown says:

    Plus you don’t pay for Auto Insurance if you don’t own a car!

  3. Larry says:

    Automobile insurance is to protect other people who are injured in an accident and their property and should be mandatory. Health care is only for the person for whom it is designated to protect. If I am forced to buy health insurance, I am the only one it concerns and I should have the right to purchase or reject it.

    1. Say What? says:

      If, as you state, you should have the right to reject it, by the same token, we should also have the right to reject you medical treatment in case of emergency if you don’t have medical insurance coverage.

  4. Dave Brown says:

    Hey Pelosi…..our gift to you!!!

  5. Jimbo99 says:

    I certainly hope Obama & Congress are fully prepared that day to provide the subsidies for those that can’t afford healthcare insurance premiums. That day there will be so many that effectively millions will go on welfare. Can’t afford healthcare premiums, who can afford or will pay the fines ? But more importantly, become ill, who can afford the copays and the actual healthcare procedures ? For anything like this to even have a chance of working, healthcare would’ve had to have been managed to affordability, it simply has not. Politicians with no insight like that have no business being in the positions they hold.

  6. Dan Brownisamoron says:

    Hey Dave Brown, did you even read the article?

    “Based on recent comments from the most conservative Supreme Court Justices, and decisions from the Court, the states argument will likely fall on deaf ears.”

    It doesnt look like this is going to go anywhere towards repealing the law.

  7. Larry says:

    Say What? And why the hell I should I be forced to pay insurance for people too sorry to work like I have to or that gets shot roaming the streets at night robbing storer owners or other innocent people. And that goes for people entering this country illegally and contribuiting nothing to the tax base that would go to pay their insurance. It is still my right to decide if I want insurance and it is my right to die without it. It’s not for some Washington bureaucrat to decide. It sounds like you might be one of the freeloaders with their hands out for that government money.

    1. Dave Brown says:

      good call Larry he just another Liberal with no clue what freedom of choice means!!

    2. Say What? says:

      Another poster who is unable to have a decent discussion without name-calling, and be totally wrong, huh?

      Obviously, the issue of illegal immigration needs to addressed. NO ONE should be forced to pay for illegals period.

      Next, to enforce your right to die without medical care/coverage, the relevant laws need to be changed to protect your right to die without insurance and NOT force hospitals to provide emergency coverage under threat of negligent lawsuits!

      Unfortunately, we live in an imperfect world, and there will always be a small percentage of those who are freeloaders or rulebreakers. However, the good (the majority) should not suffer for the bad (minority).

  8. Richard says:

    What’s with the comment that the states’ arguments will likely fall on deaf ears?

  9. Joyce Rice says:

    I agree that you should not be forced into the Federal insurance, but I also agree that we should have some sort of Federal insurance program for those who need it. It is too exsensive for the seniors to pay. I had insurance for 40 yrs. I retired and for seven years had retirement insureance which I paid a partial premium. They decided to drop insurance for retirees. The insurance replacement was $750 per month and I can not afford it. I am now receiving meds from Canada and praying I don’t get sick.

  10. Larry says:

    Thanks Dave,
    Good know someone else recognizes the dangers of this legislation.

    If this law stands then what will prevent the bureaucrats from deciding what you can and cannot eat and if you’re a little overweight, force you to pay to join a gym. And what if you are unable to work out. Then what? Obamacare opens up a lot of communist style enforcements that these liberal idiots should be looking at.

    1. Dave Brown says:

      This will happen people!!!!! WAKE UP!!

    2. Jimbo99 says:

      We’re already there Dave, some/too many just don’t know it yet, while others cling to false hope that we aren’t there or heading in that direction with any of what Reagan spoke of.

  11. Dave Brown says:

    It’s a shame that my Father and Grandfather fought against the values that are going on today in this Country.

  12. Dave Brown says:

    same for Global warming,Gore himself does not have a single “Green Home” and you would think the Whitehouse would be green by now?

  13. Jimbo99 says:

    Others seem to have selectively read the article too. It also states that 26 states have joined Florida. I don’t care whether they also said Republican states, to me that’s immaterial. The 26 states, which are they Florida weilds a hefty population, same goes for Texas. We know California is Democrat so that population I assume is for Obamacare. Ask Egypt whether or not enough protesters rallying against government falls on deaf ears ? It challenges one’s assumptions that while Egypt’s military is involved, they seem to be staunchly refraining from turning on the protest. I don’t know how it would play out here in the USA ? Interesting, when that hit the fan, Mubarack fired his cabinet. What does Obama do when faced with a situation like that ? He can’t fire congress, his administration ? A leader with no one to lead isn’t a powerful leader. Is this healthcare a big enough issue ?

  14. Dave Brown says:

    bottom line is that I am sure we all agree Healthcare need to be fixed, if you think the Government is the answer you are heading for a NITeMARE my Liberal friends!

  15. Abigal says:

    I found this article very up-to-date and informative as it provides excellent tips to obtain the best possible Health insurance rates and quotes. With this handy information, you are able to make your decisions more wisely and obtain the best Health insurance plan for yourself. It highlights the importance of having Health insurance especially for the people above 65 years of age in helping them to plan for their Health needs.

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