12 Aug 11
A federal appeals court in Georgia is the latest to rule against the so-called “individual mandate” in President Barack Obama’s health care law.
On Friday in a 2–1 ruling, the 11th Circuit Court of Appeals struck down the individual mandate as an unconstitutional exercise of congressional power, siding with 26 states that had sued to block the law.
In a joint opinion, Justices Joel Dubina and Frank Hull “concluded that the individual mandate exceeded congressional authority under Article I of the Constitution because it was not enacted pursuant to Congress’s tax power and it exceeded Congress’ power under the Commerce Clause and the Necessary and Proper Clause.”
“The very nature of congressional findings about the individual mandate further amplifies that Congress designed and intended to design a penalty for the failure to comply and not a tax,” the court wrote.
“After careful review of the statute, we conclude that the individual mandate is a civil regulatory penalty and not a tax,” the decision continues. “As a regulatory penalty, the individual mandate must therefore find justification in a different enumerated power … The individual mandate as written cannot be supported by the tax power.”
It is generally expected that the Supreme Court will ultimately decide the constitutionality of Obama’s health care law.
Read more: http://dailycaller.com/2011/08/12/court-of-appeals-strikes-down-obamacares-individual-mandate/#ixzz1UqLeT1rZ
12 Aug 11
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Originally posted by utherpendragonWow. A circuit court. Is this the first circuit court to do this? IIRC, the others were district courts.
A federal appeals court in Georgia is the latest to rule against the so-called “individual mandate” in President Barack Obama’s health care law.
On Friday in a 2–1 ruling, the 11th Circuit Court of Appeals struck down the individual mandate as an unconstitutional exercise of congressional power, siding with 26 states that had sued to block the law. ...[text shortened]... caller.com/2011/08/12/court-of-appeals-strikes-down-obamacares-individual-mandate/#ixzz1UqLeT1rZ
Now the Supreme Court has to get involved.
12 Aug 11
Originally posted by utherpendragonThe ruling is actually a defeat for those hoping to judicially toss out the Health Reform Act. Judge Vinson had been the only judge to rule that not only was the mandate unconstitutional, but that it was not "severable" and the whole act must fall. But in the 11th Circuit panel:
A federal appeals court in Georgia is the latest to rule against the so-called “individual mandate” in President Barack Obama’s health care law.
On Friday in a 2–1 ruling, the 11th Circuit Court of Appeals struck down the individual mandate as an unconstitutional exercise of congressional power, siding with 26 states that had sued to block the law. ...[text shortened]... caller.com/2011/08/12/court-of-appeals-strikes-down-obamacares-individual-mandate/#ixzz1UqLeT1rZ
The judges also heard arguments on "sever ability": whether the determination that one provision of the law is unconstitutional invalidates the entire act. U.S. District Court Judge Robert Vinson, who heard the case last year, ruled that the unconstitutionality of the individual mandate voided the entire piece of legislation.
But the appeals panel disagreed.
"The individual mandate, however, can be severed from the remainder of the Act's myriad reforms," Dubina wrote. "The Act's other provisions remain legally operative after the mandate's excision, and the high burden needed under Supreme Court precedent to rebut the presumption of severability has not been met."
http://www.cnn.com/2011/POLITICS/08/12/health.care.ruling/index.html?hpt=hp_t2
12 Aug 11
Originally posted by telerionNo way!
If it is unconstitutional to fine some one for not purchasing health insurance, could it be legal to fine some one for receiving medical services without health insurance?
The better question would be if it would be legal to let someone die simply because the person can't pay and doesn't have health insurance, even in emergency cases such as auto accidents.
12 Aug 11
Originally posted by EladarIt means that only one judge so far has been willing to overturn the Health Reform Act. A tossing of the individual mandate only would actually be a big plus for the popularity of the measure.
The judgement means nothing, except for the fact that it means it is that much closer to getting to the Supreme Court where the judgement will mean something.
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13 Aug 11
Originally posted by utherpendragonHey, if it's severable, then I'm happy! We've got a few regs on the insurance industry, without the sucky mandate!
A federal appeals court in Georgia is the latest to rule against the so-called “individual mandate” in President Barack Obama’s health care law.
On Friday in a 2–1 ruling, the 11th Circuit Court of Appeals struck down the individual mandate as an unconstitutional exercise of congressional power, siding with 26 states that had sued to block the law. ...[text shortened]... caller.com/2011/08/12/court-of-appeals-strikes-down-obamacares-individual-mandate/#ixzz1UqLeT1rZ
13 Aug 11
Originally posted by badmoonYou seriously should consider a mental health clinic for yourself.
Right wing zealots will always celebrate any item that dis-enfranchises the poor.
Its what the GOP is all about. Hate Americans and love the rich. You should all be ashamed of yourselves. What a vile disgusting lot you are. You should be in prison for treason.
13 Aug 11
Originally posted by no1marauderSo you're still convinced that people will have the foresight, willingness, and ability necessary to enter the reformed system even without compulsion?
It means that only one judge so far has been willing to overturn the Health Reform Act. A tossing of the individual mandate only would actually be a big plus for the popularity of the measure.
13 Aug 11
Originally posted by badmoonWhy the worship of the poor, and hatred of the rich?
Right wing zealots will always celebrate any item that dis-enfranchises the poor.
Its what the GOP is all about. Hate Americans and love the rich. You should all be ashamed of yourselves. What a vile disgusting lot you are. You should be in prison for treason.
13 Aug 11
Originally posted by wittywonkaThe foundation of our system of government is trusting individuals to take care of themselves.
So you're still convinced that people will have the foresight, willingness, and ability necessary to enter the reformed system even without compulsion?
If an idea requires compulsion, can it be a good one?