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August 12, 2011
11th Circuit Court Of Appeals Rules ObmaCare Individual Mandate Unconstitutional
Boom!
"...we conclude that the individual mandate contained in the Act exceeds Congress’s enumerated commerce power."
Gabe says this is the multi-state lawsuit.
Apparently they didn't overturn the whole law but without the mandate, the whole scheme collapses. Of course, it's going to the Supreme Court but it's good to be going with at least one win.
More:
The case stems from a challenge by 26 U.S. states which had argued the individual mandate, set to go into effect in 2014, was unconstitutional because Congress could not force Americans to buy health insurance or face the prospect of a penalty.
"This economic mandate represents a wholly novel and potentially unbounded assertion of congressional authority: the ability to compel Americans to purchase an expensive health insurance product they have elected not to buy, and to make them re-purchase that insurance product every month for their entire lives," a divided three-judge panel said.
2 of the 3 judges in the case were appointed by Democrats so that talking point bites the dust.
The 6th Circuit has rulled in favor of the law and the 4th still has a case outstanding. Off to SCOTUS we go!
posted by DrewM. at
01:31 PM
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