Judge’s Ruling on Health Reform Law Is 'Radical Judicial Activism Run Amok"–and Is Likely to Be Overturned

Decision Would Take Away Key Benefits and Rights from America’s Families

Today, Federal District Judge Rodger Vinson, a Reagan appointee, issued his ruling on a case brought challenging the constitutionality of the Affordable Care Act’s requirement that people must obtain health coverage. He decided the provision is unconstitutional, but instead of simply striking down that provision, he invalidated the entire statute.

Families USA, the national organization for health care consumers, participated in a friend-of-the-court brief supporting the law. The following is the statement of Ron Pollack, Executive Director of Families USA, about the decision:

“Judge Vinson’s decision is radical judicial activism run amok, and it will undoubtedly be reversed on appeal. The decision flies in the face of three other decisions, contradicts decades of legal precedent, and could jeopardize families’ health care security.

“If this decision were allowed to stand, it would have devastating consequences for America’s families. Children with pre-existing conditions would once again be denied access to health care, insurers could take away health coverage and reinstate lifetime limits on coverage, small businesses would once again be priced out of the market, and seniors would lose their access to no-cost preventive services and help with the cost of prescription drugs.
 
“Some of the benefits and rights families would lose include:

• Millions of Americans with pre-existing conditions, including children, would again be turned down from health coverage by insurance companies;
  
  
• Insurance companies would again cancel coverage when people get sick;
  
  
• Insurance companies would restore annual and lifetime caps on health coverage, thereby forcing sick people into bankruptcy;
  
  
• Young adults would no longer be able to stay on their parents’ health coverage;
  
  
• Seniors and people with disabilities would again face a large and growing gap in their Medicare prescription drug coverage;
  
  
• Small businesses would lose the tax credits they are now receiving that enable them to afford health coverage for their workers; and
  
  
• Insurance companies would be free to resume annual double-digit premium increases without any public accountability.

“We are confident, as this and other cases are decided on appeal, that the Affordable Care Act will be upheld in its entirety.

“We further expect that implementation of the law will continue uninterrupted, and, as a result, our nation will move much closer to the achievement of high-quality, affordable health coverage and care for all Americans.”

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Families USA is the national organization for health care consumers. It is nonprofit and nonpartisan and advocates for high-quality, affordable health care for all Americans.

1201 New York Avenue NW, Suite 1100 · Washington, DC 20005
202-628-3030 · Email: info@familiesusa.org · www.familiesusa.org