A federal judge in Virginia declared the foundation of President Obama’s health care law unconstitutional because the government cannot require Americans to purchase insurance. No court, according to the judge, had expanded the Commerce Clause of the US Constitution to allow the government to regulate a person’s decision not to buy a product. In this case, health care.
In his order, he said he will allow the law to remain in effect while appeals are heard, meaning there is unlikely to be any immediate impact on other provisions that have already taken effect. The insurance coverage mandate is not scheduled to begin until 2014.
While two other federal judges have upheld the law, the conflicting ruling is going to eventually be settled by the Supreme Court.