“Judge voids key part of Obama health care law - Boston Globe” plus 1 more |
| Judge voids key part of Obama health care law - Boston Globe Posted: 14 Dec 2010 01:55 AM PST NEW YORK — A federal judge in Virginia ruled yesterday that the keystone provision in the Obama health care law is unconstitutional, becoming the first judge to invalidate any part of the sprawling act and ensuring that appellate courts will receive contradictory opinions from below. The judge, Henry Hudson of US District Court in Richmond, said the law's requirement that most Americans obtain insurance exceeded the regulatory authority granted to Congress under the Commerce Clause of the Constitution. Hudson, who was appointed by President George W. Bush, declined the plaintiff's request to suspend the act's implementation pending appeal, meaning there should be no immediate effect on its rollout. But the ruling seemed likely to create confusion among the public and to further destabilize political support for a law that is under fierce attack from Republicans in Congress and in many state houses. Party leaders, including the incoming House speaker, Representative John Boehner of Ohio, quickly used the opinion to reiterate their call for repealing the law. In a 42-page opinion Hudson wrote: "Neither the Supreme Court nor any federal circuit court of appeals has extended Commerce Clause powers to compel an individual to involuntarily enter the stream of commerce by purchasing a commodity in the private market.'' Allowing Congress to exert such authority, he said, "would invite unbridled exercise of federal police powers.'' Compelling vehicle owners to carry accident insurance, as states do, is considered a different matter because the Constitution gives the states broad police powers that have been interpreted to encompass that. Furthermore, there is no statutory requirement that people possess cars, only a requirement that they have insurance as a condition of doing so. By contrast, the plaintiffs in the health care case argue that the new law requires people to obtain health insurance simply because they exist. The insurance mandate is central to the law's mission of covering more than 30 million uninsured. Insurers argue that only by requiring healthy people to have policies can they afford to pay for those with expensive conditions. But Hudson ruled many of the law's other provisions could be severed legally from the insurance requirement and would survive even if that mandate is invalidated. Hudson is the third district court judge to reach a determination on the merits in one of the two dozen lawsuits challenging the health care law. The other judges, in Detroit and Lynchburg, Va., have upheld the law. Lawyers say the appellate process could last another two years before the Supreme Court settles the dispute. The opinion by Hudson, who has a long history in Republican politics in northern Virginia, continued a partisan pattern in the health care cases. Thus far, judges appointed by Republican presidents have ruled consistently against the Obama administration while Democratic appointees have found for it. The two cases previously decided by district courts are already before the midlevel courts of appeal. The Justice Department is considering whether to appeal Hudson's ruling. Administration officials emphasized Hudson's opinion was just one among several, and said they were pleased he had not stopped the law from going into effect. Some state officials said yesterday's ruling would reinforce calls by many Republicans to slow down its implementation. "I think you might see some air taken out of the balloon nationwide,'' said Jason Helgerson, the Medicaid director in Wisconsin, where Republicans are about to take control of both the executive and legislative branches. Hudson, who was best known for sentencing NFL quarterback Michael Vick to 23 months for dog fighting, had telegraphed his leanings in hearings and preliminary opinions. But the ruling was nonetheless striking given that only nine months ago prominent law professors were dismissing the constitutional claims as just north of frivolous. © Copyright 2010 Globe Newspaper Company. This entry passed through the Full-Text RSS service — if this is your content and you're reading it on someone else's site, please read our FAQ page at fivefilters.org/content-only/faq.php This posting includes an audio/video/photo media file: Download Now |
| Vt. governor-elect names his health care team - Boston Globe Posted: 14 Dec 2010 02:02 AM PST MONTPELIER — Governor-elect Peter Shumlin yesterday announced his appointments to a team he hopes will lead Vermont to become the first state with a single-payer health care system. The Democrat had made that goal the centerpiece of his campaign even under criticism that it would be difficult to achieve given limits placed on states under President Obama's signature health care legislation passed by Congress earlier this year. Shumlin said his goal is to "provide [health care] access to all Vermonters, contain costs, and hopefully design a system where health care follows the individual and is not an obligation of the employer — where health care is a right and not a privilege.'' He acknowledged that he might not succeed and listed one of his challenges as the need for special federal permissions, or waivers, to accomplish the state plan. "This is a complex undertaking,'' Shumlin said. "It will require careful planning at the state level and pushing the limits of laws and regulations at the federal level.'' Shumlin said his senior health care team will include: ■ Anya Rader Wallack, who will serve as special assistant to the governor for health care and earn about $125,000. She will coordinate the overhaul efforts of the various state agencies and departments involved. She worked in health policy for former governor Howard Dean and held senior health policy and management jobs in Massachusetts since then. ■ Stephen Kimbell, a lawyer and longtime Montpelier lobbyist whose clients included health care companies before he retired earlier this year. He will earn $127,000 as commissioner of the Department of Banking, Insurance, Securities and Health Care Administration. ■ Dr. Harry Chen, an emergency room physician at the Rutland Regional Medical Center and former member of the Vermont House of Representatives, will serve as commissioner of the state Health Care Department. Chen's salary will be $115,000. ■ Susan Besio will stay in the job she has held under the administration of outgoing Governor Jim Douglas — commissioner of the Department of Vermont Health Access, which administers Medicaid and other publicly subsidized health insurance programs. Her salary will remain at just less than $101,000. © Copyright 2010 Globe Newspaper Company. This entry passed through the Full-Text RSS service — if this is your content and you're reading it on someone else's site, please read our FAQ page at fivefilters.org/content-only/faq.php This posting includes an audio/video/photo media file: Download Now |
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