Friday, March 4, 2011

Judge in challenge to the health care law stays order finding the law unconstitutional pending an accelerated appeal

Colorado Attorney General John Suthers announced today that Senior U.S. District Court Judge Roger Vinson of the U.S. District Court for the Northern District of Florida has stayed his ruling striking down the federal health care law on the condition that the federal government file its appeal and seek expedited appellate review within seven calendar days.

“This ruling makes it likely that the 11th Circuit Court of Appeals and the U.S. Supreme Court will quickly consider the fundamental constitutional question of whether the individual health insurance mandate exceeds Congress’ authority under the Commerce Clause,” Suthers said. “This order is in the interest of all Americans who need expeditious resolution of one of the most important constitutional questions of our time.”

The judge’s order follows the federal government’s request for a clarification of Vinson’s January order striking down the health reform law. Colorado is one of 26 states suing the federal government over the constitutionality of the individual health insurance mandate in the U.S. District Court for the Northern District of Florida.

Vinson order

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