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Judge Roger Vinson, a Republican-appointed Federal judge from the North Florida District, has ruled a portion of the recent Democratic penned health care overhaul unconstitutional. In particular Vinson has ruled that the provision the mandates all Americans be covered by health insurance by 2014 or face paying a fine is against the constitution. The suit was originally filed by former Attorney General Bill McCollum who was joined by 26 other republican state Attorney Generals.
"It is hereby
DECLARED, ADJUDGED, and DECREED that The Patient Protection and Affordable
Care Act, Pub. L. No. 111-148, 124 Stat. 119 (2010), as amended by the Health
Care and Education Reconciliation Act of 2010, Pub. L. No. 111-152, 124 Stat.
1029 (2010), is unconstitutional," reads Vinson's ruling.
"This conclusion is reached with full appreciation for the "normal rule" that reviewing courts should ordinarily refrain from invalidating more than the unconstitutional part of a statute, but non-severability is required based on the unique facts of this case and the particular aspects of the Act," Vinson admitted in the ruling.
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