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PIERRE, SD – It was signed into law nearly a year ago, but Monday a federal judge in Florida has ruled that the health care law is unconstitutional.

So far, the health care reform law is one of the signature pieces of legislation for President Barack Obama’s term in office. But the ruling and the 26 states that are part of the lawsuit, including South Dakota, stand in its way.

“Overall we’ve achieved an opportunity now for Congress to take a look back on the important things that need to be fixed in health care and to do it in the framework of the Constitution,” South Dakota Attorney General Marty Jackley said.

For now, the ruling won’t stop the health care law from taking affect, but Jackley says the ruling is a step in the right direction.

“What we gain from this is really a protection of our state and individual rights,” Jackley said.

The Florida judge ruled the law unconstitutional because it requires all Americans to buy health insurance.

“That’s dangerous because where does it stop? Congress now owns part of GM, so does it allow them basically to say that everybody needs to purchase a particular vehicle?” Jackley said.

This is the second federal judge to rule the law unconstitutional, but two other federal judges have upheld the law. That sets up the potential for a lengthy appeals process, and the possibility of the case being heard before the US Supreme Court.

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This entry was posted on Wednesday, February 2nd, 2011 at 12:09 am and is filed under Florida Group Health Insurance, Florida Health Insurance. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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