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Health care mandate unconstitutional, says U.S. District Court in Pennsylvania

By: DOLAN MEDIA NEWSWIRES//September 14, 2011//

Health care mandate unconstitutional, says U.S. District Court in Pennsylvania

By: DOLAN MEDIA NEWSWIRES//September 14, 2011//

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By Pat Murphy
Dolan Newswires

Congress does not have the authority under the Commerce Clause to require individuals to purchase a minimum level of health insurance coverage, a U.S. District Court in Pennsylvania has ruled in granting summary judgment.

Congress enacted the Patient Protection and Affordable Care Act in 2010. A key provision in the Act is the so-called “individual mandate,” which authorizes a tax penalty on individuals who fail to maintain a minimum level of health insurance beginning in 2014.

The plaintiffs in this case are married and self-employed. They sued to have the individual mandate declared unconstitutional.

The court decided that the individual mandate exceeded the powers granted to Congress under the Commerce Clause.

“The power to regulate interstate commerce does not subsume the power to dictate a lifetime financial commitment to health insurance coverage. Without judicially enforceable limits, the constitutional blessing of the minimum coverage provision … would effectively sanction Congress’s exercise of police power under the auspices of the Commerce Clause, jeopardizing the integrity of our dual sovereignty structure,” the court said.

The 4th Circuit has reversed a similar decision by a Virginia federal court.  In a separate decision, the 4th Circuit decided that a second Virginia court lacked jurisdiction to declare the Act constitutional.

The 6th Circuit and a U.S. District Court in the District of Columbia have upheld the constitutionality of the individual mandate.

The 11th Circuit has affirmed the ruling of a federal judge in Florida that the individual mandate violates the Commerce Clause.

U.S. District Court for the Middle District of Pennsylvania. Goudy-Bachman v. U.S., No. 1:10-cv-763. Sept. 13, 2011. Lawyers USA No. 993-3210.

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