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Appeals court rules against Obama healthcare law
Reuters ^ | Jeremy Pelofsky and James Vicini

Posted on 08/12/2011 10:43:48 AM PDT by americanophile

(Reuters) - An appeals court ruled on 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 healthcare law, is widely expected to be decided by the U.S. Supreme Court. The Obama administration has defended the provision as constitutional.

(Excerpt) Read more at reuters.com ...


TOPICS: Breaking News; Constitution/Conservatism; Front Page News; Government
KEYWORDS: 10thamendment; 11thcircuit; courtonobamacare; dubina; frankhull; healthcare; hull; individualmandate; joeldubina; marcus; obamacare; romneycare; ruling; stanleymarcus; statesrights; unconstitutional
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To: Meet the New Boss
Without the individual mandate, Obamacare collapses, it cannot be funded.
121 posted on 08/12/2011 1:22:58 PM PDT by fortheDeclaration (When the wicked beareth rule, the people mourn (Pr.29:2))
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To: americanophile

Is this the suit Mark Levin hints that he has been working on with others?


122 posted on 08/12/2011 1:23:00 PM PDT by GraceG
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To: kabar
Someone noted earlier on the thread that perhaps the court anticipated that this would go to SCOTUS for final resolution and therefore did not want to impede the ongoing preparations to implement the bill.

Perhaps there was another motivation. Since Judge Vinson's ruling eliminated the entire law, the States had to wait for Obama to appeal. I read the Florida case many moons ago. The States were claiming the law was unconstitional on 10th Amendment issues and the individual mandate. Perhaps by striking down only the individual mandate, the appeals court gives the States the ability to appeal the 10th Amendment issues without having to wait for Obama. Is that possible? Not a legal scholar here. Any input from an attorney would be appreciated.

123 posted on 08/12/2011 1:24:29 PM PDT by Jess79
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To: tobyhill

He can’t, the entire system would collapse.


124 posted on 08/12/2011 1:25:14 PM PDT by fortheDeclaration (When the wicked beareth rule, the people mourn (Pr.29:2))
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To: jeltz25
Are you kidding?

This guys entire Presidency has been a diaster.

125 posted on 08/12/2011 1:28:38 PM PDT by fortheDeclaration (When the wicked beareth rule, the people mourn (Pr.29:2))
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To: fortheDeclaration

When this is a question, I figure I could be an appeals court judge:> It just seems so obvious.


126 posted on 08/12/2011 1:30:31 PM PDT by rlbedfor
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To: Semper911

I do not believe that to be the case, but I could be wrong. This is something up for discussion in the vaunted super committee though, as the liberals have stated that something in the order of $1.25 trillion in ‘lost revenue’ can be reclaimed by taxing medical insurance costs.


127 posted on 08/12/2011 1:30:57 PM PDT by ilgipper (political rhetoric is no substitute for competence (Thomas Sowell))
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To: Tonytitan
All they have to say is that they side with the 11th Circuit on the Individual Mandate as being unconstitutional.
128 posted on 08/12/2011 1:40:30 PM PDT by tobyhill (Real Spending Cuts Don't Require Increasing The Debt)
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To: Flavious_Maximus
The entire Obamacare is unworkable. They primarily pushed it so that the illegals would get “free” healthcare. That's what this was all about.

Yep, in order to get their votes after we give them amnesty.
129 posted on 08/12/2011 1:41:47 PM PDT by Deo volente (God willing, America will survive this Obamination.)
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To: fortheDeclaration

It’s going to collapse anyway once the SCOTUS rules the Individual Mandate unconstitutional.


130 posted on 08/12/2011 1:43:24 PM PDT by tobyhill (Real Spending Cuts Don't Require Increasing The Debt)
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To: schu
A reasonable, empathetic society needs to decide, either pay for those who are unwilling/unable to pay for health care or refuse to provide service unless you can prove ability to pay, insurance or otherwise. You cannot have it both ways. Where we are now, with lots of people using but not paying (or under paying) into the system, leads to bankruptcy of the system. Our medical delivery system is close to insolvency now, the cost of insurance and medical care is near unaffordable for many.

This is the symptom of a problem already created by previous government intervention. There are any number of solutions to help address these problems. The solutions are reforming medicaid and medicare so they are not driving the costs up, and changing the culture of high cost all inclusive programs and moving to lower cost catastrophic products at a lower cost, bundled with better use of health saving accounts and the like. If there is one single thing that makes sense as a tax deduction, it is health care and medical expenses, as it will lower the personal costs to all people, and lower much of the need for government funded health expenses (the biggest ticket item in our government budget, and growing exponentially).

131 posted on 08/12/2011 1:43:43 PM PDT by ilgipper (political rhetoric is no substitute for competence (Thomas Sowell))
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To: Prokopton

Can someone please put up the photo of Barry with his arms in the air saying, “Oh hell no!”


132 posted on 08/12/2011 1:44:08 PM PDT by freebird5850 (Of course Obama loves his country...it's just that Sarah Palin loves mine!)
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To: americanophile

They’ll appeal to SCOTUS, and then request every single possible extension they can possibly get to drag it out as long as possible. Anyone familiar with the procedure?


133 posted on 08/12/2011 1:51:47 PM PDT by Lynne
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To: jeltz25
And it may not even matter if Kagan has to recuse herself which there’s a good possiblity of....

Don't count yer chickens...Kagan recusing herself cannot be forced by anyone, it is something that a fair-minded and ethical judge does to avoid the appearance of impropriety. Kagan is a highly partisan leftist, and given that leftists are the inheritors of the "the ends justify the means" philosophy, I predict that she won't recuse herself. Wish she would, of course, but I just don't see it.

134 posted on 08/12/2011 1:54:46 PM PDT by Ancesthntr (Bibi to Odumbo: Its not going to happen.)
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To: robert14

It just might.


135 posted on 08/12/2011 1:57:21 PM PDT by Codeflier (Bush, Clinton, Bush, Obama - 4 democrat presidents in a row and counting...)
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To: americanophile

“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,” wrote Marcus, also a Clinton appointee to the appeals court.”

What a crackpot judge. Just because congress has taken over the authority of something doesn’t make it Constitutional. This statement by this judge is exactly how Communism and dictatorships are created.


136 posted on 08/12/2011 1:58:06 PM PDT by tobyhill (Real Spending Cuts Don't Require Increasing The Debt)
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To: robert14
Let's look at this from another angle. Assume that the SC agrees with today's findings. Also assume that we do not pickup 60 votes in the Senate next year. That means Obamacare without the mandate. Now, you have a wife and 2 kids and both of you work. You have 2 options: 1) if you are a Democrat and believe in Obamacare, you will gladly pay your $20k per year for the Obamacare insurance plan and recieve Obamacare supported medical services for your family or 2) you are a Republican; you will pay for cash medical services based on what you can afford out-of-pocket (my family rarely sees a doctor). If you are hurt big time in a car wreck, you sign up for Obamacare as you are being admitted. Obamacare says everyone has access to Obamacare. Where am I going wrong?

The only place you're wrong here is that the same solution worked well (just not AS well) with the individual mandate. Pay cash for services and medications, and the $2500 fine annually, and then sign up on your way into the hospital if you have a catastrophic event (actually, that might not be practical, but I understand that you could retroactively sign up).

Another option is to set up irrevocable trusts for your benefit and that of your family members, and to have basically nothing in your own name. Have a terrible medical problem? OK, get your treatment and then declare bankruptcy. Not terribly moral, but then again neither is using the Constitution and our liberties for toilet paper.

FUBO! I simply can't wait until the nation collectively tells that Fabian prick not to let the door hit him in the ass on the way out.

137 posted on 08/12/2011 2:02:27 PM PDT by Ancesthntr (Bibi to Odumbo: Its not going to happen.)
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To: tobyhill

The purpose of the individual mandate was to pay for the immense cost of the whole OCare machine.

If millions of families aren’t shucking out $750 per month by force, this bad boy will create trillions in debt every year.


138 posted on 08/12/2011 2:07:03 PM PDT by lurk
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To: SeekAndFind

The MSM would have us believe he wakes up in the middle of the bed.


139 posted on 08/12/2011 2:07:13 PM PDT by savedbygrace (But God.)
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We wish it grew there
Please Donate

140 posted on 08/12/2011 2:14:32 PM PDT by TheOldLady (FReepmail me to get ON or OFF the ZOT LIGHTNING ping list.)
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