WASHINGTON (Reuters) - a judge in Virginia on Monday said a key element of the right healthcare cue point President Barack Obama unconstitutional in the first reverse important on a question will probably end up at the Supreme Court.
U.S. District judge Henry Hudson, appointed by President George w. Bush in 2002, the Bank supported arguments by the State of Virginia, that Congress exceeded its authority by requiring that the Americans start buying insurance 2014 or face a fine.
"This dispute is not just the regulation of the business of insurance - or the development of a universal health - insurance is a right to choose to participate", Hudson wrote, adding that the provision calls a "unrestrained exercise of the powers of the federal police.
But he refused to invalidate a small victory for Obama, comprehensive health care Act which the administration would appeal the decision.
The law is the cornerstone of the Presidency of Obama, to extend health insurance to cover millions of Uninsured Americans trying to reduce costs.
Include companies such as Aetna Inc. and WellPoint Inc., health care insurers opposed largely the Obama reforms but say that the individual mandate is critical for extra clients can offset the costs of the industry greater.
Stock initially pink insurers on the decision before later slivered as investors view more uncertainty that case prices continues. The decision indicated that amendments to the law rather than a complete overhaul are more realistic.
"Investors take this in the wake knowing this will probably down sooner or later, the Supreme Court", stated Morningstar analyst Matthew Coffina. "It really only adds to the uncertainty in terms of not really be sure that if and when and how legislation can be implemented."
Virginia lawyers argued that the Federal Government could not someone resolve not to purchase a good or service, under the Constitution of trade article United States and would not be penalized for failing to buy health insurance.
SLIM CHANCE TO REPEAL FULL
"This trial is not on health care." "It is freedom," said Virginia Attorney General Ken Cuccinelli. He said that he had discussed with the Department of justice means to accelerate the process of appeal in an attempt to reduce the uncertainty in the States and the industry.
Representative Eric Cantor, set to become leader of the majority in the House of representatives called to send the case immediately to the Supreme Court. He said he would push the House to pass the repeal of the Act next year.
However, an abrogation chances are slim that Democrats will always control the Senate.
The White House said that the law will be ultimately confirmed by the legal system. It may take more than a year for the case to the Supreme Court.
Officials said that the administration will keep the rest of the law while he is working on legal issues of the individual mandate application. Virginia had sought an injunction to block the implementation of the law, but the judge did not grant.
The decision is the first finding against the law, which was adopted in March and aims to revise the 2.5 u.s. health care system $ trillion.
Obama, administration says Virginia has no legal status to challenge the Act on behalf of its citizens, especially for something which has not yet in force.
Two judges rejected the other challenges to the law, including Virginia last month. Department of justice lawyers argue another suit filed by 20 States Florida later this week.
Outgoing Governor of Minnesota Tim Pawlenty, often referred to as a Republican competitor to the Presidency in 2012, said that the Act gave the Bush too power States.
"Then the today's decision is a victory for the rights of people, I'm also hopeful that the courts will recognize the Obamacare is also a threat to the rights of States," he said in a statement, to use criticism from the nickname of the reform act.
The mandate of each coverage was regarded as a guarantee of key plan to keep premiums low insurance because it ensures healthy and sick people buy insurance.
If the trial is successful, "millions of Americans will lose their health insurance, premiums will be back for the families that work, and people will be forced into bankruptcy when they fall ill, said representative Pete Stark, a Democrat who chairs the Subcommittee on health House of representatives."
(Additional reporting by Susan Heavey, Matt Spetalnick, Steve Holland, Rick Cowan and Lewis Krauskopf in New York; editing by Chris Wilson and Todd Eastham)
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