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PITTSBURG —
For the second time, a U.S. federal judge has sided with states in ruling that the federal health care initiative is unconstitutional.
U.S. District Judge Roger Vinson agreed with 26 states which argued that the new law violates people’s rights in forcing them to purchase health insurance by 2014 or face a penalty.
Attorneys for the Obama administration have argued that the state’s did not have any standing to challenge the mandate and that the case should be dismissed.
Newly-elected Kansas Attorney General Derek Schmidt lauded the decision. Schmidt asked to add Kansas to the lawsuit in January. That motion was granted two weeks later.
The fact that neither all power nor all wisdom resides in Washington, D.C., is not a mere political slogan — it is, in our federal system, a statement of binding constitutional law,” said Schmidt, the former Kansas Senate Majority Leader.
The case originated in Florida in March 2010. Florida Attorney General Pam Bondi said that the ruling was “an important victory.”
“This proves that the federal government requiring Americans to purchase health insurance is in fact unconstitutional,” said Bondi. “In addition, the bipartisan effort from Attorneys General across the country shows the federal government that we will not back down from protecting the constitutional rights of our citizens.”
The next likely move for the case will be the U.S. Supreme Court. A federal judge in Virginia also ruled the insurance purchase portion of the law unconstitutional but stopped short of voiding the entire law.
Republicans in Washington also praised Vinson’s decision, saying that the U.S. Constitution does not give the federal government the authority to regulate commerce between individuals.
“I am so glad to see that when unconstitutional legislation, such as this, is pushed through Congress, the judicial system is there to protect the American people,” said U.S. Rep. Lynn Jenkins, R-Kan.
Democrats also responded by taking issue with the decision.
“This lawsuit is nothing more than an attempt by those who want to raise taxes on small businesses, increase prescription prices for seniors and allow insurance companies to once again deny sick children medical care,” Senate Majority Leader Harry Reid, D-Nev., said in a prepared statement.
Matthew Clark can be reached at matthew.clark@morningsun.net or at 620-231-2600, Ext. 140
For the second time, a U.S. federal judge has sided with states in ruling that the federal health care initiative is unconstitutional.
U.S. District Judge Roger Vinson agreed with 26 states which argued that the new law violates people’s rights in forcing them to purchase health insurance by 2014 or face a penalty.
Attorneys for the Obama administration have argued that the state’s did not have any standing to challenge the mandate and that the case should be dismissed.
Newly-elected Kansas Attorney General Derek Schmidt lauded the decision. Schmidt asked to add Kansas to the lawsuit in January. That motion was granted two weeks later.
The fact that neither all power nor all wisdom resides in Washington, D.C., is not a mere political slogan — it is, in our federal system, a statement of binding constitutional law,” said Schmidt, the former Kansas Senate Majority Leader.
The case originated in Florida in March 2010. Florida Attorney General Pam Bondi said that the ruling was “an important victory.”
“This proves that the federal government requiring Americans to purchase health insurance is in fact unconstitutional,” said Bondi. “In addition, the bipartisan effort from Attorneys General across the country shows the federal government that we will not back down from protecting the constitutional rights of our citizens.”
The next likely move for the case will be the U.S. Supreme Court. A federal judge in Virginia also ruled the insurance purchase portion of the law unconstitutional but stopped short of voiding the entire law.
Republicans in Washington also praised Vinson’s decision, saying that the U.S. Constitution does not give the federal government the authority to regulate commerce between individuals.
“I am so glad to see that when unconstitutional legislation, such as this, is pushed through Congress, the judicial system is there to protect the American people,” said U.S. Rep. Lynn Jenkins, R-Kan.
Democrats also responded by taking issue with the decision.
“This lawsuit is nothing more than an attempt by those who want to raise taxes on small businesses, increase prescription prices for seniors and allow insurance companies to once again deny sick children medical care,” Senate Majority Leader Harry Reid, D-Nev., said in a prepared statement.
Matthew Clark can be reached at matthew.clark@morningsun.net or at 620-231-2600, Ext. 140
