On December 13, 2010 the U.S. District Court for the Eastern District of Virginia ruled that the individual health insurance mandate included in the Affordable Care Act is unconstitutional in violation of the Commerce Clause. According to the court, Congress lacks the power to compel an individual to involuntarily engage in a private commercial transaction. However, the court also ruled that the individual mandate provision and any other provision that specifically references the individual mandate are severable from the rest of the Affordable Care Act. Finally, the court did not grant injunctive relief to prevent the individual mandate from becoming effective because it does not become effective until several years from now, which should provide enough time for appellate review.
From AonHewitt advisory
QUINNSCOMMENTARY 