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Entries in U.S. District Court Judge Roger Vinson (2)

Thursday
Feb032011

Health Care Legal Challenges: What's Next?

Photo Courtesy - Getty Images(WASHINGTON) -- In the aftermath of U.S. District Court Judge Roger Vinson's ruling Monday to strike down the entire Affordable Care Act, there are questions about whether the law should continue to be implemented in any of the 26 states that were parties to the lawsuit.

The issue has constitutional scholars scratching their heads because, while the judge chose not to issue an injunction forcing the federal government to stop implementation, he wrote that his opinion was the "functional equivalent" of such an order.

The Obama administration argues that because the judge did not enjoin the law, it remains the law of the land for all states.

"The decision issued on Monday is one district court decision, and we believe it to be very wrong," wrote Deputy Senior Advisor Stephanie Cutter in a blog posted on the White House's website.  "Implementation will continue."

But officials in some states that are a party to the lawsuit disagree.

"We are continuing to evaluate the order," said a spokeswoman for Florida Attorney General Pam Bondi.  "The judge clearly stated that the declaratory relief is tantamount to an injunction.  This should be respected by the federal government."

Wisconsin Attorney General J. B. Van Hollen told the St. Petersburg Times, "For Wisconsin, the federal health care law is dead -- unless and until it is revived by an appellate court.  Effectively, Wisconsin was relieved of any obligations or duties that were created under terms of the federal health care law.  What that means in a practical sense is a discussion I'll have in confidence with Gov. [Scott] Walker, as the state's counsel."

Meanwhile, attention is turning to the appellate courts that will be the next judges to rule on the constitutionality of the law.

Sen. Bill Nelson, D-Fla., introduced legislation on Wednesday asking the Supreme Court to take up the issue immediately.  However, the high court is unlikely to get involved until the cases have made their way through the appellate courts.  So far the score in district courts is 2-2.  Two judges ruled in favor of the law, and two struck down its core provision.

Appellate courts in Richmond, Virginia, Atlanta and Cincinnati are scheduled to begin hearing the case this spring. ´╗┐

Copyright 2011 ABC News Radio

Monday
Jan312011

Ruling Expected On Constitutionality of Health Care Law

Photo Courtesy - Getty Images(WASHINGTON) -- U.S. District Court Judge Roger Vinson is expected to rule Monday in the legal challenge by states, which claims the health care reform law is unconstitutional.

Twenty-six states have joined the lawsuit, filed immediately after President Obama signed the bill into law. The states claim the law requiring all Americans to buy health insurance by 2014 is unconstitutional.

So far, two federal court judges have upheld the constitutionality of the law and one federal court judge has struck down a portion of the law.

The case is eventually expected to reach the Supreme Court.

Copyright 2011 ABC News Radio´╗┐







ABC News Radio