11th Circuit Court Of Appeals Rules ObamaCare Individual Mandate Unconstitutional

More Hyscience Aug 12, 2011, 5:58 pm

This is an important opinion on a case involving 26 states. The 11th Circuit ruled that the mandate was unconstitutional, but did not throw out the entire law; instead, they found that the mandate could be severed.

From Reuters:

An appeals court ruled on Friday that President Barack Obama’s healthcare law requiring Americans to buy healthcare insurance or face a penalty was unconstitutional, a blow to the White House.

From the opinion via Legal Insurrection:

We first conclude that the Act’s Medicaid expansion is constitutional. Existing Supreme Court precedent does not establish that Congress’s inducements are unconstitutionally coercive, especially when the federal government will bear nearly all the costs of the program’s amplified enrollments.

ividual mandate was enacted as a regulatory penalty, not a revenue-raising tax, and cannot be sustained as an exercise of Congress’s power under the Taxing and Spending Clause. The mandate is denominated as a penalty in the Act itself, and the legislative history and relevant case law confirm this reading of its function.

Further, the individual mandate exceeds Congress’s enumerated commerce power and is unconstitutional. 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. We have not found any generally applicable, judicially enforceable limiting principle that would permit us to uphold the mandate without obliterating the boundarie

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  • Description: This is an important opinion on a case involving 26 states. The 11th Circuit of Appeals has ruled that the mandate was unconstitutional, but did not throw out the entire law; instead, they found that the mandate could be severed. From Reuters: An appeals court ruled on Friday that President Barack Obama’s healthcare law requiring Americans to buy healthcare insurance or face a penalty was unconstitutional, a blow to the