Free Special Resources
Get Your FREE Special Report. Download Any One Of These FREE Special Resources, Instantly!
Featured Special Report
Claim Your Free Cost Per Hire Calculator
This handy calculator lets you plug in your expenses for recruiting, benefits, salaries, and more.

Graphs automatically generate to show you your annual cost per hire and a breakdown of where you are spending the most money.

Download Now!
February 01, 2011
Federal Judge Finds ACA Provision Unconstitutional, ‘Entire Act Must Be Declared Void’

A second federal judge ruled that the Affordable Care Act (ACA) provision requiring most Americans to buy insurance is unconstitutional. In two other cases, federal judges have upheld the law. The issue will likely have to be resolved by the Supreme Court.

For a Limited Time receive a FREE Compensation Market Analysis Report! Find out how much you should be paying to attract and retain the best applicants and employees, with customized information for your industry, location, and job. Get Your Report Now!

U.S. District Judge Vinson found that Congress exceeded its authority under the Commerce Clause by passing the ACA with an individual insurance mandate.

Furthermore, the judge wrote “because the individual mandate is unconstitutional and not severable, the entire Act must be declared void.”

The plaintiffs of the case included 26 states, the National Federation of Independent Business (NFIB), and 2 private citizens.

Judge Vinson ruled in favor of the defendant, the Obama Administration, in one aspect of the suit. He found that the ACA’s expansion of the Medicaid federal-state insurance program does not violate the constitution.

White House officials declared that the ruling should not deter the rollout of the law. The Obama administration is “confident that the Affordable Care Act will ultimately be declared constitutional by the courts,” according to a White House blog.

The insurance mandate is scheduled to take effect in 2014. For more information on the ACA, visit Healthcare Reform: A Resource Center for Employers.

In Early December, a federal judge in Virginia also ruled the law’s requirement that most Americans obtain insurance surpassed the regulatory authority granted to Congress under the Commerce Clause. For more information, read Federal Judge Says Affordable Care Act Provision is Unconstitutional.

Featured Free Resource:
Cost Per Hire Calculator
Twitter  Facebook  Linked In
Follow Us
Copyright © 2018 Business & Legal Resources. All rights reserved. 800-727-5257
This document was published on
Document URL: