It is a critical step forward to undoing ObamaCare.
The 11th Circuit Court of Appeals today declared the individual mandate, the provision forcing Americans to purchase health insurance, unconstitutional.
In a split decision, posted here, the court found that "the individual mandate contained in the Act exceeds Congress's enumerated commerce power."
"What Congress cannot do under the Commerce Clause is mandate that individuals enter into contracts with private insurance companies for the purchase of an expensive product from the time they are born until the time they die," the opinion said. The 2-1 ruling marks the first time a judge appointed by a Democrat has voted to strike down the mandate. Judge Frank Hull, who was nominated by former President Bill Clinton, joined Chief Judge Joel Dubina, who was appointed by George H.W. Bush, to strike down the mandate. Judge Stanley Marcus, in a dissenting opinion, said the mandate is constitutional. He was also appointed by Clinton. The ACLJ's summary of the 11th Circuit's opinion is posted here.
The court concluded:
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.
We agree. This is the argument we made in our amicus brief that we filed in this case on behalf of 74 Members of Congress and more than 70,000 Americans. Our amicus brief is posted here.
While the appeals court did not declare the entire law unconstitutional, by striking the individual mandate, the entire law is clearly in jeopardy. The individual mandate is such a core provision of ObamaCare, that without it, it's very difficult to see how this law can be salvaged.
As you know, we're directly involved in challenging ObamaCare as well. We're preparing for oral arguments to be presented to a federal appeals court in Washington, D.C. September 23rd urging the court to reinstate our lawsuit challenging the individual mandate. In our latest court filing, posted here, we contend that the individual mandate violates the Commerce Clause, an argument “grounded in the Constitution.”
There's still a lot of active litigation to play out. Keep in mind that all legal roads lead to the Supreme Court. But today's decision gives us even more hope that this troubling health care law ultimately will be put to rest.
After his “glib” apology before Congress this week for calling the American people “stupid,” ObamaCare architect Jonathan Gruber attempted to dodge, duck, dip, dive, and … dodge every substantive question that came his way. He refused to answer even the simplest questions like how much ( millions )
From day one, we have warned that the real danger of Obamacare is not in the 2,700 pages of its text (as bad as they are), but in the hundreds of thousands of pages of rules and regulations that would flow out of that text. This week provides yet another example of that danger, and it is in the...
Yesterday, liberal Democrat Senator Chuck Schumer lambasted Democrats for the political failure of both ObamaCare and the stimulus. While he certainly has not changed his core belief that government can solve all the people’s ills (and said as much), he slammed his party for its political failures.
The lesson we learn from Jonathan Gruber (the MIT professor turned high-paid ObamaCare architect who admitted the Administration deceived the public to pass ObamaCare) is that the Obama Administration will do or say anything to prop up ObamaCare. You know the litany of lies (you can keep you plan,