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Appeals Court: Obamacare Individual Mandate UnConstitutional

August 12, 2011 by  

Appeals Court: Obamacare Individual Mandate UnConstitutional

The Appeals Court for the 11th Circuit, which is in Atlanta, ruled Friday that the so-called individual mandate portion of the Patient Protection and Affordable Care Act 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,” a divided three-judge panel said, according to Reuters. The majority opinion was written by Chief Judge Joel Dubina, a President George W. Bush appointee. His opinion was seconded by Judge Frank Hull, who was appointed by President Bill Clinton.

Labeled “Obamacare” by its critics, President Barack Obama’s Administration has been forced to constantly defend the law since he signed it on March 23, 2010.

“There has been no shortage of court cases regarding the constitutionality of the Affordable Care Act. Before today, four courts, including the Sixth Circuit Court of Appeals, examined the health reform law and found it constitutional. Today, a different court ruled against the Affordable Care Act’s individual responsibility provision. We strongly disagree with this decision and we are confident it will not stand,” read an entry in the White House’s blog.

“The individual responsibility provision — the main part of the law at issue in these cases — is constitutional. Those who claim this provision exceeds Congress’ power to regulate interstate commerce are incorrect.”

According to CNN, in the court’s opinion, Dubina wrote that the mandate “can be severed” from the law, ruling that the unConstitutionality of this one portion of the legislation does not void the entire Act itself: “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.”

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  • Raggs

    The court has no choice in this matter.

    One the flip side “IF” our states ever mandate such a thing the blood WILL flow!

  • FreedomFighter

    Anyone that can actually read — the constitution of the United States knows ObamaCare is UNCONSTITUTIONAL.

    Step down Mr. Obama you are no American President.

    Laus Deo
    Semper Fi

  • Thinking About

    If each person accepted responsibility for their health care and did not expect to use medical services and not have to pay for those services but the cost gets pasted on to the insured and tax payers. Just another form of welfare and wealth redistribution. Besides this cost for health care we have big salaries and bonuses given to insurance executives. If our medical professional and hospitals received money put into health care there would not be a problem.

    • Cawmun Cents

      Thinking about types:

      “If our medical professional and hospitals received money put into health care there would not be a problem.”

      Yeah…that solution always makes a condition improve,doesnt it?
      Just throw money at it.
      Everything the current administration has thrown money at has been brilliantly effective.
      When do progressives wake up and smell the dissention?
      Financing the socialists never pans out.
      Their answer to this dilemna?It is to force people to pay for their services.That is what Obamacare is all about.If you do not capitulate,you will be fined.
      But hold on just a second….
      Isnt healthcare a “right”?
      Then where do you find that a right is mandatory under law?The short answer is you cannot.This is why when you read between the lines of the roughly 2000 page bill,you find it will force you to engage in the marketplace chosen for you,one way or another.That is socialsm in its most gruesome form.
      Thanks but no thanks to throwing money at a condition.
      Better to accept that some conditions can be improved,but yet still,others will remain.Forcing improvement to allow for the financially incapable,will result in higher costs for everyone.I say this letting you know that I have no insurance at this time.But I am not for falsely mandating it under the auspices of humanity,while setting the stage for my own performers to be best served either.
      I’ll leave that to the adminstration in power.They seem to do that rather well.-CC.

      • Kinetic1

        CC,
        You seem to have ignored TA’s previous statement: “Besides this cost for health care we have big salaries and bonuses given to insurance executives.” An inordinate amount of what we pay for health insurance goes to advertising and executive pay. If I am not mistaken, TA was saying that the greed in the current system is a big part of what is making health care so expensive. So I believe we all agree that throwing more money at the problem is not the answer, especially when you consider that America has one of the highest cost health care systems in the world, but ranks far below other western nations in health care and longevity. Where we may differ is the belief that everything is better when it is privatized. This notion that the market will ultimately offer the best mix of price and quality is IMHO a job of brainwashing by those who hope to milk us all of every penny they can while providing the cheapest product available.

        • DaveH

          Simple solution — Don’t buy it. Insure yourself. I do. We are all going to die some day. Don’t go out like a wimp clinging to somebody else’s wallet.
          Nobody has a right to force another person to carry them, no matter how cowardly they are.

        • Cawmun Cents

          So….paying people within a business or corporation is criminal but mandating that everyone buy insurance is okay?
          Businesses are in business to make money.They have to pay their employees.Is it okay for union reps to get their pensions and other benefits?Yeah….then its okay for executives to get paid high salaries.They both earned them right?
          What does that have to do with this article?
          Zilch.
          This article is about the government mandating that you carry health insurance.
          It is not about executive salaries and severance packages.Therefore I stick by my prior staement and would hope that eventually you will see this for what it really is…mainly a takeover of 1/6th of the economy by people who dont know what to do with it.-CC.

  • rangerrebew

    How can this be? The most brilliant legal scholar of our life time didn’t see this coming? Surely Ali Bama knew this would happen being the great legal brain he is. Pshaw! The judges must be party of the “vast right wing conspiracy.” Say what? One of them is commiecrat appointee? Ooooh.

  • TIME

    As I have noted before this bill opens “PANDORA’S” Box.

    When Congress can Mandate what you Must buy, where will it stop?
    Where you can live?
    What you can drive?
    Where you can go?
    Who you can speak with?
    What school you can go to?
    What cloths you can wear?
    What foods you can eat or not?
    What job you can have or not?

    The list is endless thus you never give away your freedoms for the Hope of a possible cure to something thats been manufactured by a criminal government.
    Can you say Nazi Germany? Thats a perfect picture and match.

    Thats just a few of the reasons its UN Constitunial.
    Another reason its so, is that it takes away your {5th Amendment rights.}

    The next major player in this is that it takes away the {9th & 10th Amendments.}

    But the biggest issue of all comes down to its hook into Agenda 21′s plan of Population control.
    I understand thats not within the confines of the Constitution ~ in and of its self.
    It falls within the range of a total lackig of Moral Fiber from a criminal government.

    Also, the Insurances Companys will make Money Hand over Fist, with this law being passed.
    Afterall how about that {35 Million} more people who will be forced to pay them funds?
    Do the math, even at the average cost now of $400.00 per person per month, x 35 Million new persons thats not chicken feed.

    Oh and you who think it wil be free, guess what? Its only free to anyone who is not a US Citizen.

    That aside, anyone born in this country who is below the age of 6 who has health issue will be denied health care.

    Just as anyone above the age of 55 will also be denied healh care on a per issue base.
    Thus if your over 55 years of age and you need say a lung transplant, you go on a waiting list, and as your age put you at the BACK of the Bus you will be placed at the end of the list. Do you think you will make it for say two or three years out?
    Well ~ Thats how to get rid of the old the sick the tired.

    And the amounts of other issues is beyond absurd, thats just scratching the outer edge of one small fraction of this law.

    Just think about this any females out there, you can’t even have a screening for breast cancer until your past 50 years of age.
    Yet 98% of all females who have this form of cancer get it between the ages of 25 – 49. Thus the amount of females who will die due to not being able to even have the proper treatments is beyond any words I can post.

    And thats just a nano fraction of this absurd law.

  • s c

    The basic premise of Bummer’s healthcare SCAM is illogical and illegal (unconstitutional, for those who can’t read). Look at it this way. If a prez is allowed to make decisions for private citizens concerning what they buy or don’t buy, then it makes no sense for any of us to assume that we can make ANY decisions.
    Aside from the fact that it would finally prove what some career criminals think about the true value of CHOICE, it would make living in America a sick joke. It would also give Americans all they excuses they need to look at the government as a resident enemy.
    It would end the 1st Amendment, and the 2nd Amendment would take its place and give Washington politicians all the motivation they need to resign as fast as they can (and/or never consider politics as a ‘profession’). It would also be poetic justice (not to be confused with ‘social justice’).

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