Lamping asserted that (despite National Federation of Independent Business v. Sebelius), the ACA is "illegal" and will eventually be overturned by federal courts.
On January 31, 2011, Judge Roger Vinson ruled that the mandatory health insurance "individual mandate"—the provision of Internal Revenue Code section 5000A imposing a "shared responsibility penalty" on nearly all Americans who fail to purchase health insurance—was outside the power of Congress.
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