Menu Close

Health Care Reform Declared Unconstitutional: Uncertainty promotes insecurity

Yesterday’s ruling by Florida’s Federal District Court (Judge Roger Vinson) has ruled the health care reform law (a.k.a. P.P.A.C.A.) unconstitutional. The lawsuit brought to the courts by 26 states will not be taken lightly.  This is a serious challenge to health care reform at all levels. Why? Due to the lack of severability in PPACA, the White House, Congress, federal agencies and cabinets, and all the states now are uncertain about the future of PPACA.  The literally thousands of informational workshops and health care seminars conducted around the country about  the future of health care may all have all been in vain, including thousands of man-hours devoted to creating interim regulation by the HHS and IRS.  Everyone on both sides of the issue are insecure about the future.  Those enthusiastically in opposition to PPACA may find their supporting base content to believe that PPACA is a dead issue.  Those engaged in the implementation of health care reform will find it difficult to be passionate about their authority that came from PPACA,   in the possibility that it will go away. 

Provider groups spending millions of dollars to create Accountable Care Organizations and similar investments from new opportunities created by PPACA are now in jeopardy. As are federal and state governments that are spending millions to implement and regulate PPACA. 

On page 75 of Judge Vinson’s ruling, he stated that, “since it must be presumed that federal officers will adhere to the law as declared by the court” he presumes that the federal government and White Hose cabinet agencies will cease in the implementation of health care reform as there is a standing precedence that government officials are enjoined from engaging in activities declared unconstitutional by the court. However, Judge Vinson stop short in ordering that continued implementation of PPACA cease.

 However, White House Senior Officials say that the implementation of health care will be business as usual.

 It is unconscionable to think that our leaders will let this constitutional debate continue for another 2 years in the Supreme Court , as many are speculating.  The thought that our political leaders will allow governments to continue to spend millions of tax payer dollars knowing that the constitutionality of PPACA is in serious question would be irresponsible.

 No one doubts that the insurance mechanism will work better with everyone in it and each paying their fair share. However, the constitutional issue of mandating people to engage in commerce against their will needs to be resolved immediately and without delay.