Fla. judge strikes down health overhaul

Published: 01/31/11 - 6:18pm Written by Dick Pryor

PENSACOLA, Fla. (AP) - A federal judge in Florida says the Obama administration's health overhaul is unconstitutional, siding with 26 states that had sued to block it. U.S. District Judge Roger Vinson on Monday accepted without trial the states' argument that the new law violates people's rights by forcing them to buy health insurance by 2014 or face penalties. Attorneys for the administration had argued that the states did not have standing to challenge the law and that the case should be dismissed. The case is likely to go to the U.S. Supreme Court. Two other federal judges have upheld the insurance requirement, but a federal judge in Virginia also ruled the insurance requirement unconstitutional.

UPDATED:  Governor Mary Fallin today released the following statement in support of Judge Roger Vinson's ruling declaring key provisions in the federal health care reform law unconstitutional. Vinson is a federal judge in Florida, where officials of that state and 25 others are challenging the constitutionality of the Patient Protection and Affordable Care Act in court. Fallin's statement: 

"I am thrilled that Judge Vinson has taken such a bold stand against a law that is unconstitutional, unworkable and unaffordable. The people of Oklahoma have made it clear that under no circumstances should the federal government be able to force our citizens to buy health insurance. This ruling is a victory for all of us who believe the ‘individual mandate' contained in the federal health care bill is in conflict with the United States Constitution and the free market principles that make this nation great."