Feb 1, 2011

By Bart Jansen

WASHINGTON — Florida Republicans welcomed a federal judge’s decision Monday overturning the health care reform law enacted last year, but Democrats predicted the Supreme Court will uphold the law.

“Obamacare was a mistake,” Sen. Marco Rubio, R-West Miami, said. “Today’s ruling marks an important step towards undoing a health care law that creates uncertainty for job creators, threatens Medicare as Floridians know it and lays the foundation for government-run health care.”

U.S. District Court Roger Vinson in Pensacola ruled the law must be overturned because one of its core provisions—a requirement that people buy insurance—is unconstitutional.

Florida led the case that 26 states joined to overturn the law. Two other federal judges have upheld the law, but another judge in Virginia ruled that insurance requirement violates the Constitution.

Rep. Bill Posey, R-Rockledge, said the government should wait until the Supreme Court rules before going further in implementing the law.

“States, localities, businesses and individuals will have to spend billions of dollars to comply with a law that may be permanently struck down,” Posey said. “The administration should appeal directly to the Supreme Court so Americans can have this constitutional question answered once and for all in short order.”

Democrats say the Supreme Court will declare the law constitutional.

“I have always expected that there was a chance that one or two lower court judges would oppose the clear legal consensus that the law is constitutional,” said Rep. Henry Waxman of California, the top Democrat on a House committee that handles health legislation. “But I firmly believe that the law is constitutional and ultimately that is what the Supreme Court will decide.”

Gov. Rick Scott, a Republican, said Monday’s decision confirms the legislation was “an unprecedented and unconstitutional infringement on the liberty of the American people. Patients should have more control over health care decisions than a federal government that is spending money faster than it can be printed.”

The decision increases pressure on the Senate to vote on legislation to repeal the law. The House already has approved repeal legislation.

“Today’s ruling certifies the reason why the Senate should repeal Obamacare in its entirety,” said Rep. Connie Mack IV, R-Fort Myers.

Every Senate Republican, including Rubio, co-sponsored Senate legislation to repeal the law.

“We cannot leave this decision in the hands of judges alone,” Rubio said. “The optimal outcome for Florida and the American people is to repeal the federal health care law and replace it with common-sense reforms that will lower health care costs and get more Americans insured.”

Sen. Bill Nelson, D-Orlando, supports the law but said some provisions - such as one that requires businesses to report all expenditures greater than $600—need to be changed. Nelson didn’t respond to a request for comment on Monday’s court decision.

Senate Minority Leader Mitch McConnell, R-Ky., used Senate rules to maneuver the House repeal bill onto the floor for a possible vote. McConnell earlier joined 31 fellow Senate Republicans in filing a friend-of-the-court brief opposing the law.

The timing of a possible Senate vote is unclear.

Senate Majority Leader Harry Reid, D-Nev., said Republicans’ challenge to the law amounts to an attempt to raise prescription prices for the elderly and to let insurance companies deny care for sick children.

“Health care reform is the law of the land and, now that Americans see its benefits, a majority of them oppose Republicans’ dangerous plans to repeal a law that put patients in control of their own health care,” Reid said.

Contact Bart Jansen at .(JavaScript must be enabled to view this email address).

This article was reprinted from www.FloridaToday.com.