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LeMieux: Individual Mandate in Healthcare Law is Unconstitutional


Location: Washington, DC

U.S. Senator George LeMieux (R-FL) today commended the decision of a federal district court judge striking down a key provision in the Obama health care law. U.S. District Judge Henry E. Hudson, of the Eastern District of Virginia, ruled the provision in the Patient Protection and Affordability Act requiring most Americans to carry health insurance or pay a penalty is unconstitutional because it exceeds the regulatory authority granted to Congress under the Commerce Clause of the Constitution.

"I commend the decision and hope for a similar ruling in the state of Florida's legal challenge," LeMieux said. "While an ultimate decision will likely be left to the Supreme Court, today's ruling is an important step in defending a fundamental principle of our constitutional system--a limited federal government."

Judge Hudson stated in his ruling the requirement (to carry insurance) "exceeds the constitutional boundaries of congressional power" and "would invite unbridled exercise of federal police powers." The ruling today is the first time the mandate for individuals to carry health insurance has been ruled unconstitutional by a federal court.

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