HolyCoast: Appeals Court Rules Obamacare Individual Mandate is Unconstitutional
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Friday, August 12, 2011

Appeals Court Rules Obamacare Individual Mandate is Unconstitutional

From Todd Starnes via Twitter:
U.S. Appeals Court rules POTUS healthcare law's individual mandate is unconstitutional. Says rest of law can stand
I don't know which court made the ruling, and I'm disappointed that they're ignoring the lack of a severability clause in the law and claiming the rest of it can stand without the individual mandate, but it's still good news. The thing is, Obamacare without the individual mandate is completely financially unsustainable. The thing will collapse of its own weight.  Healthy people won't bother to get insurance until they need it, and since they can't be denied when they have a health issue, the costs to the system will be staggering.

Time for the GOP to seriously push repeal.

UPDATE:  It was the 11th Circuit Court and there were two Democrat appointees on the three judge panel.  This is the case brought by 26 states and the one I think the Supreme Court is most likely to take and rule the whole thing unconstitutional.  Key line in ruling:
"we conclude that the individual mandate contained in the Act exceeds Congress’s enumerated commerce power."
Congress didn't think it had any limits.

UPDATE:  Philip Klein has the good summary of the ruling here.

1 comment:

Sam L. said...

The Dems in Congress don't.