Health Care Act in Danger

On Monday January 31, the Affordable Care Act which many know as "the health care reform bill" was ruled unconstitutional for the second time since appeals began.

The controversial bill has now been upheld twice and ruled unconstitutional twice by appeal courts in Virginia, Florida and Michigan. This article by The New York Times explains that Judge Roger Vinson of The Federal District Court in Pensacola Florida labeled the bill unconstitutional on the grounds that it gives congress too much authority over commerce. The Affordable Care Act mandates that Americans must purchase commercial health insurance by 2014 or face penalties. Judge Vinson ruled that it is unconstitutional to force citizens to engage in commerce, saying, “If Congress can penalize a passive individual for failing to engage in commerce, the enumeration of powers in the Constitution would have been in vain."

The fact that Judge Vinson ruled against the bill is not as surprising as how strongly he ruled against it. While the previous rejection of the bill called for changes in parts of the act, Judge Vinson claims that the insurance mandate invalidates the entire bill.  The insurance mandate is so ingrained in the other stipulations of the bill, Judge Vinson feels the entire reform must be ruled unconstitutional.

As the Affordable Care Act winds its way through the appeal system, the existence of the reform remains to be seen. Will parts of the bill be changed or will the entire reform be ruled unconstitutional? Should Congress have the right to mandate the purchase of health insurance? Or is that a decision best left to the free market?

As always, comments are welcome and appreciated. Let's hear it.