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But he allowed two counts, including one challenging the law's controversial requirement that Americans buy health insurance, to proceed. In his earlier ruling, Vinson said that a government report called the requirement to buy insurance legally unprecedented and worth examining in court. People have no choice and there is no way to avoid it.

Those who fall under the individual mandate either comply with it, or they are penalized.

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district judge on Monday threw out the nation's health care law, declaring it unconstitutional because it violates the Commerce Clause and surely reviving a feud among competing philosophies about the role of government.

"I must reluctantly conclude that Congress exceeded the bounds of its authority in passing the act with the individual mandate.

That is not to say, of course, that Congress is without power to address the problems and inequities in our health care system.

"There is clear and well-established legal precedent that Congress acted within its constitutional authority in passing this law and we are confident that we will ultimately prevail on appeal.

"We are analyzing this opinion to determine what steps, if any -- including seeking a stay -- are necessary while the appeal is pending to continue our progress toward ensuring that Americans do not lose out on the important protections this law provides, that the millions of children and adults who depend on Medicaid programs receive the care the law requires, and that the millions of seniors on Medicare receive the benefits they need," she added.

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