The 11th Circuit Court of Appeals in Atlanta ruled today that President Obama's signature achievement "Obama Care" is Unconstitutional:
A federal appeals court in Atlanta ruled Friday that a provision in President Obama's health care law requiring citizens to buy health insurance is unconstitutional, but the court didn't strike down the rest of the law.
The decision is a major setback for the White House, which had appealed a ruling by a lower court judge who struck down the entire law in January. But given that another appeals court, in Cincinnati, has upheld the law, it is increasingly clear that the Supreme Court will have the final say. he majority also said that a basic objective of the law is to "make health insurance coverage accessible and thereby to reduce the number of uninsured persons." Without the individual mandate, the majority said, the law "retains many other provisions that help to accomplish some of the same objectives as the individual mandate."
The decision is a review of a sweeping ruling by a Florida judge, who not only struck down a requirement that nearly all Americans carry health insurance, but he also threw out other provisions ranging from Medicare discounts for some seniors to a change that allows adult children up to age 26 to remain on their parents' coverage.
The states urged the 11th Circuit to uphold U.S. District Judge Roger Vinson's ruling, saying in a court filing that letting the law stand would set a troubling precedent that "would imperil individual liberty, render Congress's other enumerated powers superfluous, and allow Congress to usurp the general police power reserved to the states."
The Justice Department countered that Congress had the power to require most people to buy health insurance or face tax penalties because Congress has the authority to regulate interstate business. It said the legislative branch was exercising its "quintessential" rights when it adopted the new law.
1 comment:
This is very good news because ObamaCare hinges on the individual mandate. Take that away and the house of cards cave in. Let's get this up to the SCOTUS.
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