Health Reform Unconstitutional, Says Judge: Is He Right? (POLL)

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THE NEWS: Roger Vinson, a federal judge in Pensacola, Fla., has declared President Obama's new health care law is unconstitutional because, he says, it forces most Americans to purchase health insurance if they don't already receive it from an employer. The judge said that violates the Commerce Clause of the Constitution.

"It would be a radical departure from existing case law to hold that Congress can regulate inactivity under the Commerce Clause," Vinson wrote.

Four federal district judges have now weighed in on the health law. Two Democratic-appointed judges have upheld it. Two Republican-appointed judges have shot all, or parts of it, down. The Supreme Court will most likely have to settle the matter, a process that could take at least two years.

WHAT IT MATTERS: The health care law ushers in big changes for the uninsured and people with pre-existing conditions - making it easier for both groups to get and keep health insurance. The bill will also have a  big economic impact. The president says it will create jobs and save money. His opponents say it will be expensive and hurt the economy, especially small businesses.

WHAT DO YOU THINK? Hit the poll below and write in your comments. We want to hear from you.


  • Neil Katz

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