Here is the opinion by Judge Clyde Roger Vinson in the challenge to the Health Care Law (PPACA) brought by 26 states in the Northern District of Florida. And here's a summary of Volokh Conspiracy's David Kopel summary of the opinion:
- No on the argument that the mandate for drastically increased state spending under Medicaid is unconstitutional.
- Yes on the argument that the individual mandate is unconstitutional.
- Necessary & proper does not save the mandate.
- The mandate is not severable from the health control act.
- No injunction. Declaratory relief is sufficient, especially since there is a presumption that the federal government will comply with judicial decisions.
- The entire act is declared void. Cato’s Ilya Shapiro says this means the federal government must immediately stop enforcing the whole law, unless the Judge Vinson or 11th Circuit grants a stay.