Monday, December 13, 2010

Federal Judge Rules Part of Health Care Law Unconstitutional

U.S. Judge Henry Hudson ruled that part of the health reform law is in violation of the Tenth Amendment of the Constitution and that it over reaches the Commerce Clause.

The unchecked expansion of congressional power to the limits suggested by the Minimum Essential Coverage Provision would invite unbridled exercise of federal police powers. At its core, this dispute is not simply about regulating the business of insurance -- or crafting a scheme of universal health insurance coverage -- it's about an individual's right to choose to participate.”

For people wondering how this ruling touches their lives, it doesn’t. Not yet, anyway. The provision of the health reform law was not scheduled to go into effect until 2014.

The ruling only affects the part of the health reform that requires people to either buy coverage or face a fine. Provision already in effect or scheduled to take affect in the near future are in no way changed by the ruling by the Federal Judge.

People with pre-existing conditions can still get coverage. Other parts of the law, such as the age young adult children that can be covered by their parent’s policy have not changed.






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