Presented by: The Role of Judicial Decisions


After several conflicting judicial decisions on its constitutionality, the Act is sure to land in the lap of the nation’s highest court.


Ultimately, absolutely, this will go to the U.S. Supreme Court and it’s going to be very difficult to predict how that comes out.


Jim Kennedy, Carlton Fields


Two federal judges have found the Act to be constitutional, while another judge declared the mandate unconstitutional. In a recent ruling on January 31, 2011, Judge Roger Vinson of Federal District Court in Pensacola, Fla., invalidated the entire Act because the insurance mandate was so integral to the other provisions. Regardless of that decision, implementation of the Act seems to be moving full speed ahead.


Copyright © 2011 by A.M. Best Company, Inc. All rights reserved. No part of this report may be reproduced, stored in a retrieval system or transmitted in any form or by any means; electronic, mechanical, photocopying, recording or otherwise.


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