Administration Seeks Clarification on Vinson Ruling

Just over two weeks after Judge Roger Vinson ruled the individual mandate in PPACA illegal and therefore PPACA itself invalid, the U.S. Justice Department has issued a motion seeking clarification from the judge. Since the January 31 ruling did not issue a formal injunction, but instead what the judge deemed to be a “functional equivalent” of an injunction, there has been great confusion among lawyers for the federal government and those representing the 26 states engaged in the lawsuit as to whether the ruling requires the states to halt implementation of PPACA while the federal government appeals the decision. The motion also seeks clarification from Judge Vinson regarding whether a list of provisions already in effect, such as the small business tax credit, increased Medicare payments to providers, high risk pools and grants to states, should be suspended based on his ruling.

In light of Judge Vinson’s ruling, Republican Governor Sean Parnell of Alaska has stated that he will not implement PPACA in Alaska. “The court’s declaratory judgment that the federal health-care law is unconstitutional is the law of the land as it applies to Alaska,” the governor stated yesterday during a meeting of the Juneau Chamber of Commerce. Governor Parnell sought advice from his attorney general in deciding to halt implementation after he expressed concerns that implementing the law might violate his oath of office. Governor Parnell did state that although Alaska will stop implementing PPACA provisions, they will review “potential for developing a health insurance exchange without federal dollars” and has instructed state social welfare authorities to streamline enrollment processes for existing state assistance programs.

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