Health-Law Mandate Ruled Unconstitutional

A divided U.S. appeals court in Atlanta ruled Friday that a key provision of last year's federal health-care overhaul is unconstitutional, siding with a group of 26 states that challenged the law.

The 2-1 ruling marks the Obama administration's biggest defeat to date in the multifront legal battle over the health-care law. The decision directly conflicts with a ruling issued in June by a federal appeals court in Cincinnati that upheld the law.

The U.S. Court of Appeals for the 11th Circuit ruled that Congress exceeded its constitutional powers when it required individuals to purchase health insurance or pay 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," Judges Joel Dubina and Frank Hull said in a jointly written opinion.

The decision affirmed part of a January ruling by U.S. District Judge Roger Vinson of Florida, who ruled the health-insurance mandate unconstitutional.

The appeals court, however, overturned the portion of Judge Vinson's decision that voided the entire health-care law. The appeals panel said the unconstitutional insurance mandate could be severed from the rest of the law, with other provisions remaining "legally operative."

The Cincinnati-based Sixth Circuit Court of Appeals upheld the health law on a 2-1 vote in June. The Supreme Court is widely expected to provide the final word on the law's constitutionality, possibly as soon as its next term, which begins in October and runs through June 2012. .

online.wsj.com...

Well well well. No surprise here. Not shocked at all about this news. Not sure what it really means though? Does this mean that the entire bill is scrapped, or just the Medicare part of the bill? Won't they just redraft it to make it constitutional? Good luck passing Congress. Ha!

You have no link to your article...and I'm pretty sure this is very old news.


Please provide a link.

reply to post by OutKast Searcher


No no. It just happened. Heard on the news in Atlanta. I did post the wrong article initially though.

reply to post by OutKast Searcher


##snip##

Well here is your link.... the dominoes start to fall. Even in the MSM....

www.msnbc.msn.com...

www.cnn.com...

Atlanta (CNN) -- A federal appeals court in Atlanta has ruled key parts of the sweeping health care reform bill passed last year to be unconstitutional.

"The individual mandate exceeds Congress's enumerated commerce power and is unconstitutional," the court ruled. "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."

The 11th Circuit Court of Appeals in Atlanta, when it heard arguments in June, was openly skeptical about how the sweeping law championed by President Barack Obama would survive constitutional scrutiny.

A three-judge panel heard arguments in a massive lawsuit brought by Florida and 25 other states.

they'll argue it to show of good faith, then they'll screw us like they always do

why we even let the bastards live i have no friggen clue

Originally posted by majesticgent
reply to post by OutKast Searcher

 

No no. It just happened. Heard on the news in Atlanta. I did post the wrong article initially though.

Ok, I thought the initial article seemed familiar.

But I did just hear on the news that a new ruling has been declared.

reply to post by OutKast Searcher


Yea I posted the article where Florida and the other states initially made the filing. Now it's been ruled 2-1. What's next the bill goes back to Congress to be redrafted or something? If it gets ruled unconstitutional by the US Supreme court next term?

reply to post by majesticgent

Awww, Obama. . .
Credit rating drops.
Unemployment high.
Stock market crashing.
Consumer confidence low.
And now your signature legislation is deemed unconstitutional.

C'mere kitten, you need a hug.

reply to post by beezzer


It's not deemed unconstitutional yet...why don't we just wait for the Supreme Court to decide that.



You may not want to count your chickens to early.

Yes it was braking news from Washington, the 11th circuit court is the highest under the supreme court this means that now is going directly to the supreme court for debate.

And I got the feeling that the supreme court will side with the Constitution as usual.

It is unconstitutional, everybody remember when Hilary wanted to push the health care reform back during Clinton years, well the then Republican congress along with many democrats stop her in her tracks because the constitutionality could be challenged in the supreme court.

Then with Obama was resurrected again and thanks to the Whores in congress selling themselves to private insurance interest they allowed the corrupted insurance to write the mandate.

Guess what, they knew it could be challenged in in the supreme court then and they know that it was going to be challenge again. Unless by now our supreme court has also sold their souls like whores to private interest, they did rule on corporate funding allowing now for private foreign interest to keep buying our political whores.

Originally posted by OutKast Searcher
reply to post by beezzer

 

It's not deemed unconstitutional yet...why don't we just wait for the Supreme Court to decide that.



You may not want to count your chickens to early.

One. .
Two. .
Three. . .
("giggity")
Four. . .
Five. . . .

Originally posted by beezzer
reply to post by majesticgent

 

Awww, Obama. . .
Credit rating drops.
Unemployment high.
Stock market crashing.
Consumer confidence low.
And now your signature legislation is deemed unconstitutional.

C'mere kitten, you need a hug.

edit on 12-8-2011 by beezzer because: (no reason given)

Yes it looks like the regressives are living up to their promise of make him a one term president. Now can anybody guess what the regressives put into the healthcare bill for them to pass it?

Originally posted by buster2010

Originally posted by beezzer
reply to post by majesticgent

 

Awww, Obama. . .
Credit rating drops.
Unemployment high.
Stock market crashing.
Consumer confidence low.
And now your signature legislation is deemed unconstitutional.

C'mere kitten, you need a hug.

edit on 12-8-2011 by beezzer because: (no reason given)

Yes it looks like the regressives are living up to their promise of make him a one term president. Now can anybody guess what the regressives put into the healthcare bill for them to pass it?

(I hope this wasn't retorical)
Please, do tell!

reply to post by majesticgent


From what I understand...the part of this (health-law) that says people either have to have insurance through their employer or buy it personally...(meaning everyone) this part of the law will not pass ...but the rest of the law will....
(supposedly)... anyway..now it goes to the (supreme court) and they will decide the final outcome.

Not patient enough to read through to see if someone else posted it.
Obamacare is now before the US Supreme court. Month ago maybe. You might hear a ruling before the end of the year.
Here's the link.
www.globalpost.com...

Originally posted by caladonea
reply to post by majesticgent

 

From what I understand...the part of this (health-law) that says people either have to have insurance through their employer or buy it personally...(meaning everyone) this part of the law will not pass ...but the rest of the law will....
(supposedly)... anyway..now it goes to the (supreme court) and they will decide the final outcome.

Without the individual mandate Obamacare has no reason for existing. It should just be repealed since it's another useless piece of progressive legislation wasting taxpayer money.

/TOA

Ha. I'm glad they ruled it unconstitutional because it stunk and didn't achieve what is needed.

I think in order to push a universal health care system (which this wasn't) it will end up being a constitutional amendment voted on by the people. I think a well thought plan would pass in a landslide. I also don't think a very high % of people who are already covered by such a system would be willing to give it up, thus precedent makes it a no brainer. .

reply to post by The Old American


Exactly!!!!!!!!!!!!! remember that Obama wanted an universal health care (health care for all) without intervention from health care mafia, but that was scraped because the private interest lobbying body in the US rules the laws written in congress as their lawyers write the laws so they were able to convince the pay off whores that cater to them into forcing the mandate, so what happen if the insurance mafia doesn't get their mandate? well the health care reform will reverse back to the original bill, health care for all, while eliminating medicare and medicaid.

See the whole purpose of the health care reform is to give carte Blanche to the insurance to gouge consumers by mandate, that is why Massachusetts is in trouble, because the insurance were never regulated and they are gouging the consumer with out of pocket expenses and deductibles and because is mandate by the state people are slaves to the insurance companies mafia.