The Obama Administration has appealed the ruling by a federal judge in Florida that the individual mandate provision of the Affordable Care Act is unconstitutional and therefore the entire law is void.
The appeal was filed on Tuesday in Atlanta with the Court of Appeals for the 11th Circuit.
On Jan. 31, Judge Roger Vinson, of the Northern District of Florida, in Pensacola, ruled that it’s unconstitutional to require people to purchase health insurance. And because that provision in the law cannot be removed from the rest of the Affordable Care Act (ACA), “the entire Act must be declared void.”
Last week, Vinson stayed his opinion pending an appeal by the administration, but made the stay contingent on the administration filing the appeal within seven days.
The Supreme Court is expected to be the final arbiter on the constitutionality of the Affordable Care Act.
To date, Vinson and another judge have ruled parts of the law unconstitutional; three judges have upheld the ACA’s constitutionality; and 13 courts have thrown out the case on various grounds.