Virginia Judge rules Individual Mandate Unconstitutional

On Monday a Federal Judge in Virginia ruled that the health care reform provision known as the individual mandate, whereby all Americans who can afford health care coverage but go without must pay a tax penalty, was unconstitutional. This ruling follows two other recent federal court cases – one in Lynchburg, VA and the other in Detroit, Michigan -- that found this provision to be constitutional.

So far the rulings on this provision have fallen along partisan lines, with two judges appointed by Democratic presidents ruling in favor of the mandate and this judge appointed by George W. Bush ruling against it. A ruling from a higher court will be required to ultimately decide the mandate’s fate. -- NYT

The judge’s history of Republican Party activism reinforces the view of this ruling as partisan. His publicly disclosed financial documents reveal him to be part owner of a conservative political communication firm whose clients include the Virginia Attorney General who argued the case against the individual mandate. -- HuffPost / Think Progress

Meanwhile, the Obama Administration is arguing against removing the provision. A joint op-ed by Attorney General Eric Holder and the Secretary of Health and Human Services Kathleen Sebelius makes the case for why the individual mandate is important:

The individual responsibility provision says that as participants in the health-care market, Americans should pay for insurance if they can afford it. That's important because when people who don't have insurance show up at emergency rooms, we don't deny them care. The costs of this uncompensated care - $43 billion in 2008 - are then passed on to doctors, hospitals, small businesses and Americans who have insurance.  

-- WaPo

If health insurance companies are not allowed to deny customers with pre-existing conditions (as is the case under health care reform) but people are allowed to go without health insurance until they become sick, economist Jon Gruber predicts we’ll see an increase of 29% in the average premium by 2019. -- WaPo

For more info on the individual mandate, check out this video from the Kaiser Foundation:

-- NPR