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Radical Decision Threatens Our Rights

Yesterday, Judge Roger Vinson of the Northern District of Florida ruled that the individual responsibility provision is unconstitutional, and because of that, the whole law should be void.  While we do not think this decision will stand when it is appealed, we are disturbed by the radical nature of this ruling. By not only deciding that the individual responsibility provision is unconstitutional, but also deciding that the entire law should be voided, Judge Vinson takes judicial activism to the extreme and sends a chilling message to young Americans.

Judge Vinson’s ruling, if upheld, would threaten the coverage of millions of young Americans, including the 1.2 million young adults who can now go on their parent’s plan up to age 26. Opponents of ACA argue that it threatens American’s economic opportunity.  We know otherwise.

Young adults like 24 year-old Alexander Lataille of Rhode Island will have to go without health coverage if Judge Vinson’s extreme ruling were to stand.  He currently volunteers as an Atmospheric Science research assistant at the University of Rhode Island, and does not receive benefits.  Because of the new law, he has been able to go back on his mother’s plan.  If he lost protections under the law he would choose between paying off student loans or buying private insurance.  He could get a temporary job and use that income to buy private health insurance, but that would mean leaving his position at the University, where he is currently gaining a wealth of experience and career mobility. Without the coverage of his mother’s plan, he would need to make a sacrifice, either his career future or my health. That’s a choice no one should have to make.

Indeed, if Judge Vinson’s ruling were allowed to stand, kids would get kicked off their parent’s plan, children would once again be denied for a pre-existing condition and insurance companies would cancel insurance when an enrollee gets sick- not because those provisions of the law are unconstitutional, but because one activist judge did not like the individual responsibility provision.

In other words, Judge Vinson’s ruling puts the health and well-being of millions of Americans at risk.

Young Invincibles filed an amicus brief on November 12, arguing against the governors’ and attorneys general’s claims that the individual responsibility provision is unconstitutional.  The brief emphasized both the enormous benefits health reform offers young Americans as well as the importance of including the individual responsibility provision in order to keep health care coverage affordable for young people.  We will file an amicus brief in the Court of Appeals.

Today’s ruling should not stand; ultimately, we believe that the individual responsibility provision and the health care law itself will pass constitutional muster.  Major reforms like the Voting Rights Act and the Civil Rights Act were all struck down in the lower courts before ultimately being upheld by the Supreme Court.  In the meantime, we will keep fighting to protect your new rights.