PA Federal Judge Rules Health Insurance Mandate Unconstitutional

The debate over Pres. Obama’s federal health care reform package continues as the insurance mandate contained in the Patient Protection and Affordable Care Act (ACA) was ruled unconstitutional by U.S. Middle District Judge Christopher Conner on Sept. 13, 2011. The mandate would require all uninsured Americans to purchase health care coverage effective Jan. 2014.

Judge Conner found that Congress would surpass its authority if the mandate were to be implemented.

He also ruled that the ACA’s provisions requiring insurers to provide minimum and guaranteed levels of coverage, and to cover those with pre-existing medical conditions, should be eliminated from the health care reform plan.

The case stemmed from a lawsuit filed in 2010 by a self-employed and uninsured York County couple, who contend that being forced to purchase health care insurance would bring about financial challenges.

Several state attorney generals, including former Pennsylvania Attorney General and current governor Tom Corbett, also filed a lawsuit in 2010 challenging many of the main provisions of the ACA, including the insurance mandate.

Supporters of the mandate claim that requiring the uninsured to purchase heath insurance is necessary because the nation’s more than 45 million uninsured increase premiums for those that do have insurance.

This latest ruling will join several other rulings both for and against the ACA and health care reform that are expected to end up in the U.S. Supreme Court for a final decision.  

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Comments: 2


Unfortunately Dr Cairns has not been looking very hard for an alternative. Alternative plans that would actually reduce medical costs and improve distribution are everywhere, including the plan offered by Mr Obama's opponent, John McCain (who did a miserable job of explaining it). Obama promised repeatedly that he would reduce everyone's medical insurance premium by $2500. Instead Obamacare cements into place a universal version of the extravagant, wasteful, counterproductive system of medical care financing that has gotten us into trouble in the first place,except with even more government interference.

Anthony M. Perry, MD at 10/7/2011 8:54:54 AM


While I can understand that legal challenges to the individual mandate may have legitimacy, I have not come across any well-thought-out alternative to the ACA (except a single-payer system). The continuing erosion of employer-provided health insurance and the increasing millions of Americans with no or lousy insurance even as spending on health care consumes a larger and larger share of GDP is as much a threat to the future security of the country as anything happening in the Middle East. I very much fear that if the individual mandate is struck down, those responsible for the challenge will have nothing to offer in its place. Maybe it is time to start advocating for a single-payer system.

Lucy J. Cairns, MD at 9/23/2011 4:25:05 PM

Last Updated: 9/15/2011
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