I have read the 65-page decision by Judge Vinson in Florida that allowed the 20 State challenge against Obamacare to go forward. It’s very well reasoned and measured, in my view. The two biggest deals are:
1. The fine for not buying insurance is probably not a tax , but as the law states, a penalty. This means a different constitutional standard applies making it perhaps easier for the states to challenge.
2. The individual purchase mandate is “unprecedented,” and hence, a cause of action has been stated that the law exceeds the federal power under the Commerce Clause.
This just permits the case to proceed. It does not reach any final conclusions. For anyone wanting a more thorough—but not overly lengthy—summary, head on over to Secondhand Smoke.
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