I must reluctantly conclude that Congress exceeded the bounds of its authority in passing the act with the individual mandate. That is not to say, of course, that Congress is without power to address the problems and inequities in our health care system. Without a doubt, Congress has the power to reform and regulate this market. That has not been disputed in this case. The principal dispute has been about how Congress chose to exercise that power here," Vinson wrote.
"While the individual mandate was clearly 'necessary and essential' to the act as drafted, it is not 'necessary and essential' to health care reform in general," he continued. "Because the individual mandate is unconstitutional and not severable..(...capable of being separated; separable into legally distinct rights or obligations, as a contract...)...the entire act must be declared void."
In his ruling, Vinson declared the entire health care law unconstitutional.
"This is obviously a very difficult task. Regardless of how laudable its attempts may have been to accomplish these goals in passing the Act,
*Congress must operate within the bounds established by the Constitution," Vinson wrote in his 78-page ruling.
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“*Congress must operate within the bounds established by the Constitution”.....
http://www.foxnews.com/politics/2011/01/31/judges-ruling-health-care-lawsuit-shift-momentum-coverage-debate/
http://www.newsmax.com/Headline/HealthOverhaul/2011/01/31/id/384542