In the second ruling of its kind, a Florida judge has found the provision mandating individual health insurance to be unconstitutional. Even more interesting to me is that the judge found that the provision was inseparable from the rest of the bill, so that the whole bill is unconstitutional.
The first part may not be that important, as the Supreme Court will have the final say. However, it will be interesting to see what happens with the separability issue. I wonder if Obama will be encouraged by this ruling to start working with Republicans to put many of the positive/popular aspects of the plan (like not denying people with pre-existing conditions) into law such that they are not dependent on the individual mandate. If not, Obama is risking his legacy on getting a majority of Supreme Court justices to believe that’s it ok for the government to mandate people buy something with no way to opt out. That seems to me to be a very dangerous gamble, and considering the political capital Obama’s used on this reform, it would be wise for him to try to preserve what he can and keep as little in the hands of the judiciary as possible.