By Dave Andrusko

In a 78-page decision issued earlier today, U.S. District Judge Roger Vinson struck down the entire ObamaCare law, upholding a suit brought by 26 states, but declined to issue an order blocking implementation of the law.

The Justice Department officials immediately said they plan to appeal to the 11th U.S. Circuit Court of Appeals.

To date four courts have addressed the "Patient Protection and Affordable Care Act," coming to different conclusions.

Two federal judges-- U.S. District Judge George Caram Steeh in Detroit, Michigan and U.S. District Judge Norman Moon in Lynchburg, Virginia --have ruled that Congress does have the authority to require Americans, with a few exceptions, to get health insurance--the so-called "individual mandate"--citing the Constitution's Commerce Clause.

Last December U.S. District Judge Henry Hudson in Richmond, held the mandate requiring almost all Americans over the age of 18 to obtain coverage unconstitutional, but concluded the rest of the law met constitutional muster. The U.S. 4th Fourth Circuit Court of Appeals in Richmond, Virginia has scheduling hearings for May on Judge Hudson's ruling.

Judge Vinson is the only judge to date to have ruled that the entire law is unconstitutional.

Judge Vinson compared the law to "a finely crafted watch" in which "one essential piece is defective and must be removed."

As a result, he wrote, "It cannot function as originally designed. There are simply too many moving parts in the Act and too many provisions dependent (directly or indirectly) on the individual mandate ... for me to try and dissect out ... the able-to-stand-alone from the unable-to-stand alone."

As to the substance of the question--whether the government can require people to buy health insurance-- Vinson said if it could, it could also regulate food the same way.

"Or, as discussed during oral argument, Congress could require that people buy and consume broccoli at regular intervals," he wrote, "Not only because the required purchases will positively impact interstate commerce, but also because people who eat healthier tend to be healthier, and are thus more productive and put less of a strain on the health care system."

He added, "If Congress can penalize a passive individual for failing to engage in commerce, the enumeration of powers in the Constitution would have been in vain for it would be difficult to perceive any limitation on federal power, and we would have a Constitution in name only."

On March 23, 2010, the day Obama signed into law the Patient Protection and Affordable Care Act, Florida sued on behalf of 13 states. Six more states joined the suit last year, and another six joined in 2011.