December 13, 2010 09:12 PM UTC

Health Insurance Mandate Question Headed to Supreme Court

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• by: Colorado Pols

Breaking news, from MSNBC:

A federal judge declared the Obama administration’s health care law unconstitutional Monday, siding with Virginia’s attorney general in a dispute that both sides agree will ultimately be decided by the U.S. Supreme Court.

U.S. District Judge Henry E. Hudson is the first federal judge to strike down the law, which has been upheld by two others in Virginia and Michigan. Several other lawsuits have been dismissed and others are pending, including one filed by 20 other states in Florida…

…Administration officials told reporters last week that a negative ruling would have virtually no impact on the law’s implementation, noting that its two major provisions – the coverage mandate and the creation of new insurance markets – don’t take effect until 2014.

The central issue in Virginia’s lawsuit was whether the federal government has the power under the constitution to impose the insurance requirement. The Justice Department said the mandate is a proper exercise of the government’s authority under the Commerce Clause.

The Obama Administration is expected to appeal today’s ruling, but it is widely assumed that this decision will ultimately end up at the Supreme Court.