Individual Mandate At Heart Of Court Debate Over Obamacare
June 13, 2011 by Special To Personal Liberty
The Barack Obama Administration’s Acting Solicitor General was recently in court to defend the healthcare overhaul law and was reportedly met with skepticism by the judges.
The three-judge panel for the 11th Circuit Court of Appeals listened to arguments from Acting Solicitor General Neal Katyal, who was appealing an earlier decision that ruled that the law was unConstitutional.
The main question at the heart of the debate was whether the mandate that everyone in the United States purchase health insurance is permissible by the Constitution.
“If we uphold the individual mandate in this case, are there any limits on Congress’s power left?” Judge Joel Dubina said, reports Fox News.
The Los Angeles Times reports that many legal commentators had initially dismissed concerns regarding the individual mandate but that Federal courts have struggled to come to a consensus on the provision of the law.
“(The government has) a lot of authority to regulate health insurers and a lot of authority to regulate people who voluntarily purchase health insurance,” the plaintiffs’ representative Paul Clement said. “But I would submit they don’t have the authority to compel people to engage in the transaction.”
The lawsuit against the healthcare overhaul has been filed by 26 States.