Federal judge rules the Affordable Care Act unconstitutional

A federal judge upheld a constitutional challenge to the health care law brought by Virginia Attorney General Ken Cuccinelli, but denied an injunction to stop implementation of the law. The decision from U.S. District Court Judge Henry said the provision of the law that requires most individuals to get insurance or pay a fine by 2014 is an unprecedented expansion of federal power that cannot be supported by Congress’s power to regulate interstate trade. He ruled that because the implementation dates is 2014 there was not cause to immediately stop implementation of the law. The decision will almost certainly be appealed. The constitutionality of the law will ultimately be determined by the U.S. Supreme Court. Meanwhile, legal arguments are scheduled to take place Thursday in a Florida courtroom regarding a separate challenge to the health overhaul. The Arc and United Cerebral Palsy (UCP) participated in an amicus brief supporting the ACA in the Virginia case. The judge in the Florida case refused to accept amicus briefs.

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