NU Online News Service, Jan. 31, 4:10 p.m.EST

U.S. District Judge Roger Vinson has issued an order grantingsummary judgment and declaring the Patient Protection andAffordable Care Act to be unconstitutional.

Judge Vinson, in the U.S. District Court in Pensacola, Fla.,said in an opinion explaining the ruling that Congress has noauthority under the Commerce Close to enforce the "minimumessential coverage provision" in the act, which would requireindividuals to buy health coverage.

The case is State of Florida et al. vs. United StatesDepartment of Health and Human Services et al., (Case Number3:2010-cv-00091-RV).

If the minimum coverage provision takes effect as enacted, itwill require many people with incomes above a certain level who donot get health coverage from their employers to buy a minimum levelof health coverage or else pay a penalty. The provision, set totake effect in 2014, provides for exceptions for individuals withreligious objections to owning health coverage and individuals whocannot find affordable health coverage.

Health insurers have argued that they can provide affordablehealth coverage for all, without basing rates on health status,only if the government requires all people—including relativelyyoung, healthy people—to have health coverage.

Judge Vinson ruled that, because, in his eyes, the individualmandate is unconstitutional, and because PPACA is not written insuch a way that the mandate can be considered separately from therest of the act, "the entire act must be declared void."

There is widespread sentiment for reducing the cost of healthcare and improving the quality, and the case "is not about whetherthe Act is wise or unwise legislation," Judge Vinson said.

"This has been a difficult decision to reach, and I am awarethat it will have indeterminable implications," Judge Vinson said."At a time when there is virtually unanimous agreement that healthcare reform is needed in this country, it is hard to invalidate andstrike down a statute titled 'The Patient Protection and AffordableCare Act.'"

Judge Vinson earlier asked during oral arguments whetherCongress could use the same rationale it used to impose anindividual health coverage ownership mandate in the health care law to require citizens to eatbroccoli.

The Obama administration officials who defended the mandate saidthe commerce clause, a part of the U.S. Constitution, gives thefederal government the right to regulate economic activity that hasan interstate impact.

This story originally appeared on NationalUnderwriter Life & Health's website.