Free Markets, Free People


11th Circuit rules ObamaCare individual mandate "unconstitutional"

Fox news is reporting that the 11th Circuit Court of Appeals has ruled that a provision of the recently passed health care law is unconstitutional.  The court held that Congress exceeded its constitutional authority when it mandated the requirement.

"This economic mandate represents a wholly novel and potentially unbounded assertion of congressional authority," the panel said in the majority opinion.

The suit was brought by 26 states and one private group – the National Federation of Independent Businesses, who were pleased with the ruling:

"Small-business owners across the country have been vindicated by the 11th Circuit’s ruling that the individual mandate in the health-care law is unconstitutional," said Karen Harned, executive director of the group’s legal center. "The court reaffirmed what small businesses already knew – there are limits to Congress’ power. And the individual mandate, which compels every American to buy health insurance or pay a fine, is a bridge too far," she said.

The ruling is obviously a set back for the administration and will most likely ensure the Supreme Court will take the case soon.

~McQ

Twitter: @McQandO

  • Facebook
  • Twitter
  • LinkedIn
  • Tumblr
  • Digg
  • Reddit
  • email
  • Print
  • Google Bookmarks

12 Responses to 11th Circuit rules ObamaCare individual mandate "unconstitutional"

  • The individual mandate, however, can be severed from the remainder of the Act’s myriad reforms. The presumption of severability is rooted in notions of judicial restraint and respect for the separation of powers in our constitutional system. 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.

    … but they decided to throw a new monkey wrench into the works.

  • Laurence Tribe, one of Obama’s law professors at Harvard, said that it was “unthinkable” that Obamacare could be struck down legally. He also said that Obama was a “brilliant” student.

    As the swordsman said to Wallace Shawn in The Princess Bride, “I don’t think those words mean what you think they mean.”

    • Increasingly, the left has moved from circular reasoning into the even more direct logical fallacy of argument by assertion.

      That comes, I think, from outright contempt for the rest of us, which gets worse every time they lose on something. They really do believe that only they have the intellectual capacity to decide great questions of the day, and we’re just supposed to shut up and accept their judgment. When we don’t, they quite literally don’t know what to do except shout louder.

      • …we’re just supposed to shut up and accept their judgment. When we don’t, they quite literally don’t know what to do except shout louder.

        That’s been my experience. Prof. Erb is a striking example. Obama another.

        What horrified me about Obama’s big press conference this past week was that he showed up fifty minutes late and had nothing to say. He just complained about the system, as though he were an outsider, and complained about his opponents, as though they shouldn’t exist.

        Mr. Obama, you’re President of the United States. Is that all you’ve got?

        Obama, his advisers, and his movement are tapped out. Unless we accede to whatever they demand, they’ve got no idea what to do.

        • What horrified me about Obama’s big press conference this past week was that he showed up fifty minutes late and had nothing to say.

          It’s as if he’s an actor thrust on stage without a completed script to read from. We’re in uncharted territory – none of the old scripts will do, but he keeps using them anyway.

          He’s not able to come up with anything new to say because he’s never had to. He’s parroted standard leftist cant his entire career, and there’s no evidence he’s capable of original thinking of any sort. Or even recognizing and appreciating original thinking when he sees it.

  • They can’t force you to buy car insurance, unless you drive on the public roads.  I don’t doubt they will mandate nearly all of us by a series of such conditional mandates. 

    Heck, you could even specify catestrophic health coverage in car insurance itself.  Same for home insurance. 

    They’ve managed to get most doctors incorporated into big business (a lot of people probably didn’t notice the notice in the waiting room or you doctor’s office).  They could manage something there like forcing you to sign up for one of their ‘plans’ of with monthly fees instead pay per service. 

    There are countless backdoors. 

    • There are many things that the states can mandate, that the Constitution does allow the feds to do.
      If the Democrats manage any decent level of power, they will try to extort the states into invoking the mandate, like they did with the 55 MPH speed limit.

  • It’s strictly a matter for the Dept of Chicken Futures, but I have to say it would be really, really neat if Obama’s signature legislation was declared unconstitutional, Obama having been a professor of constitutional law and all. (At least that’s what he says he was.)

    Anyway, some people worry that Obama will fail as badly as Jimmy Carter. I’m holding out for James Buchanan.

michael kors outlet michael kors handbags outlet michael kors factory outlet