Little-Acorn
Well-Known Member
Obama's utopian world keeps crashing down around him. One more step toward the dustbin of history, where it will join other failed socialist programs.
This is the 26-state suit. Judge Roger Vinson found that the mandate forcing people to join or be penalized, is unconstitutional, and that since the law was deliberately written without a severability clause (as demanded by insurance company who wanted lots of healthy customers forced to sign up to pay for the ones that needed medical care), that meant the entire prrogram had to be struck down.
The 3-judge panel of the 11th Circuit agreed about the mandate's unconstitutionality, but said the rest did not necessarily have to go. Like chopping off a head and saying the body can remain - Obamacare cannot possibly survive without the mandate forcing people to join.
Funniest part is where the lone dissenting judge said that, since the Fed Govt has taken so much extra power in the past, that makes it OK for them to take even more now. Way to guard those Constitutional limitations, judge!
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http://ca.news.yahoo.com/appeals-court-rules-against-obama-healthcare-law-171829777.html
Appeals court rules against Obama healthcare law
by Jeremy Pelofsky and James Vicini | Reuters – 20 minutes ago.. .
WASHINGTON (Reuters) - An appeals court ruled Friday that President Barack Obama's healthcare law requiring Americans to buy healthcare insurance or face a penalty was unconstitutional, a blow to the White House.
The Appeals Court for the 11th Circuit, based in Atlanta, found that Congress exceeded its authority by requiring Americans to buy coverage, but also ruled that the rest of the wide-ranging law could remain in effect.
The legality of the so-called individual mandate, a cornerstone of the 2010 healthcare law, is widely expected to be decided by the Supreme Court. The Obama administration has defended the provision as constitutional.
The case stems from a challenge by 26 U.S. states which had argued the individual mandate, set to go into effect in 2014, was unconstitutional because Congress could not force Americans to buy health insurance or face the prospect of a penalty.
"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.
One of the three judges of the appeals court panel, Stanley Marcus, agreed with the administration in dissenting from the majority opinion.
The majority "has ignored the undeniable fact that Congress' commerce power has grown exponentially over the past two centuries and is now generally accepted as having afforded Congress the authority to create rules regulating large areas of our national economy," Marcus wrote.
This is the 26-state suit. Judge Roger Vinson found that the mandate forcing people to join or be penalized, is unconstitutional, and that since the law was deliberately written without a severability clause (as demanded by insurance company who wanted lots of healthy customers forced to sign up to pay for the ones that needed medical care), that meant the entire prrogram had to be struck down.
The 3-judge panel of the 11th Circuit agreed about the mandate's unconstitutionality, but said the rest did not necessarily have to go. Like chopping off a head and saying the body can remain - Obamacare cannot possibly survive without the mandate forcing people to join.
Funniest part is where the lone dissenting judge said that, since the Fed Govt has taken so much extra power in the past, that makes it OK for them to take even more now. Way to guard those Constitutional limitations, judge!
------------------------------------------
http://ca.news.yahoo.com/appeals-court-rules-against-obama-healthcare-law-171829777.html
Appeals court rules against Obama healthcare law
by Jeremy Pelofsky and James Vicini | Reuters – 20 minutes ago.. .
WASHINGTON (Reuters) - An appeals court ruled Friday that President Barack Obama's healthcare law requiring Americans to buy healthcare insurance or face a penalty was unconstitutional, a blow to the White House.
The Appeals Court for the 11th Circuit, based in Atlanta, found that Congress exceeded its authority by requiring Americans to buy coverage, but also ruled that the rest of the wide-ranging law could remain in effect.
The legality of the so-called individual mandate, a cornerstone of the 2010 healthcare law, is widely expected to be decided by the Supreme Court. The Obama administration has defended the provision as constitutional.
The case stems from a challenge by 26 U.S. states which had argued the individual mandate, set to go into effect in 2014, was unconstitutional because Congress could not force Americans to buy health insurance or face the prospect of a penalty.
"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.
One of the three judges of the appeals court panel, Stanley Marcus, agreed with the administration in dissenting from the majority opinion.
The majority "has ignored the undeniable fact that Congress' commerce power has grown exponentially over the past two centuries and is now generally accepted as having afforded Congress the authority to create rules regulating large areas of our national economy," Marcus wrote.
