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Friday, August 12, 2011

Appeals court rules against Obama healthcare mandate

Finally, the 11th Circuit Court Court of Appeals released their decision and it is pretty good. It declares the individual mandate unconstitutional and claims it is an 'unbounded assertion of congressional authority.' The big disappointment to me is the fact they are allowing the rest of this law to stand. The entire law should have been struck down, in my opinion.

Naturally, Obama's arrogance is on full display with his 'confidence' this ruling will not stand. I have to disagree with Mr. Obama. This ruling will stand until the Supreme Court of the United States strikes down the entire law next year. Yes! - Reggie

(Reuters) - President Barack Obama's signature healthcare law suffered a setback on Friday when an appeals court ruled that it was unconstitutional to require all Americans to buy insurance or face a penalty.

The U.S. Appeals Court for the 11th Circuit, based in Atlanta, ruled 2 to 1 that Congress exceeded its authority by requiring Americans to buy coverage, but it unanimously reversed a lower court decision that threw out the entire law.

The legality of the individual mandate, a cornerstone of the healthcare law, is widely expected to be decided by the U.S. Supreme Court. Opponents have argued that without the mandate, which goes into effect in 2014, the entire law falls.

The law, adopted by Congress in 2010 after a bruising battle, is expected to be a major political issue in the 2012 elections as Obama seeks another term. All the major Republican presidential candidates have opposed it.

Obama has championed the individual mandate as a major accomplishment of his presidency and as a way to try to slow the soaring costs of healthcare while expanding coverage to the more than 30 million Americans without it.

The White House voiced confidence the law would be upheld. "We strongly disagree with this decision and we are confident it will not stand," Obama aide Stephanie Cutter said in a statement.

Because it conflicts with another appeals court ruling that upheld the law, the Supreme Court is expected to take it up during its term that begins in October with a ruling possible just months before the November 2012 presidential election.

Legal experts said it was impossible to predict how the high court will rule but agreed that it may be a close vote by nine ideologically divided justices, with moderate conservative Justice Anthony Kennedy as the possible swing vote.

SPLIT DECISION


Here are more articles about the decision:





Read the full opinion of the 11th Circuit Court of Appeals here

Statement about ruling from House Speaker John Boehner:

Washington (Aug 12) House Speaker John Boehner (R-OH) released the following statement today after the 11th Circuit Court of Appeals ruled that the individual mandate at the heart of the President’s health care law is unconstitutional:

“The American people’s rejection of ObamaCare has once again been validated, and today’s ruling brings us one step closer to the inevitable demise of the law. Americans should have access to the health coverage that is right for them and their families, not be penalized for failing to purchase a plan devised by Washington. Not only is the individual mandate – the foundation of ObamaCare – unconstitutional, but it is bad for health care and damaging to the economy. The costly mandates, regulations, and taxes that are hanging over small businesses are adding to our economic uncertainty and joblessness. The House has voted to repeal and defund the law, Republicans have already successfully repealed portions of it, and we will continue to pursue all available options to ensure the entire abomination is overturned.”

NOTE: Speaker Boehner filed an amicus brief last year supporting the position of American small businesses and most states that the job-destroying health care law is unconstitutional. In it, he argued that the Obama Administration has distorted the Constitution to vastly increase congressional power, compromising the integrity of the legislative process, and undermining accountability to the American people.

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