Appeals court rules against Obama healthcare law

Reuters ^ | Jeremy Pelofsky and James Vicini

[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.

[CaroleL]

Great news but this should get fast tracked to SCOTUS and be once and for all declared unconstitutional now!

[null and void]

Oh yeah!

[Flavious_Maximus]

Without the individual mandate then the whole thing goes down in flames. You will still be left with millions who go without insurance and therefor very high premiums for those who do purchase it. The entire Obamacare is unworkable. They primarily pushed it so that the illegals would get “free” healthcare. That's what this was all about.

[Joe Boucher]

Yeah,
How about that.
Hope it is giving the creep an ulcer.

[Electric Graffiti]

"The concept of the individual federal mandate is perhaps the most dangerous in our lifetimes. It would completely eviscerate the Constitution."

They force us at the point of a gun to buy Social Security and Medicare. How is this any different?

So, I guess if you don't work, you don't have to 'buy' Social Security and Medicare.......You can just starve to death.

SCOTUS is going to have to thread a needle here because Medicare and Social Security are BLATANTLY UNCONSTITUTIONAL.

[tobyhill]

This court did SCOTUS a big favor because they narrowed what SCOTUS will have to rule on thus ultimately killing Obamacare without a convoluted ruling.

[americanophile]

Agreed. This is a narrowly tailored ruling, which is appropriate, and it’s a perfect basis upon which SCOTUS can affirm.

[chuckee]

I am not sure. Another Federal Appellate Court in DC ruled in favor of the law as a whole. The question of severabilty there would be moot because they upheld the entire law and did not have to consider severability. Now that there is an appellate court in Atlanta that disagrees with them, the SC has to consider the case.That is good.

[americanophile]

I agree that that's also unconstitutional, but at very least it's a byproduct of the legitimate federal taxing authority. This creates, out of whole cloth, what amounts to an order from the federal government to purchase a private commodity, just because they say so. They could order you to do anything under this authority were it allowed to stand. All these programs may be coercive, but the latter has zero legal foundation - it's absolute tyranny.

[SkyPilot]

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.

Really? I thought that the way Congress enacted Obamacare had a legal flaw in it that made it "all or nothing." This was a consequence of them ramming it through so quickly because they didn't want the public to know what was in it.

Anyone else know what I am talking about or heard this?

[americanophile]

You're talking about severability. If you scroll through the thread, there's a long discussion about it.

[mandaladon]

When you shirk the Constituti­on as much as this Hussein, it’s going to catch up with you sooner or later.

[americanophile]

Indeed, and it has, the political toll on Obama will be significant; his signature legislative ‘achievement,’ the issue he scuttled fiscal reforms, economic growth, immigration reform, and every other issue for is falling apart. When SCOTUS affirms this ruling, his failure as president will be complete.

[traderrob6]

Much chance the entire Appeals court will overide the 3 judge panel?

[Chiltepe]

The government-designed policy allows the government to decide which treatments may be paid for and which may not. Old white person who lived your life responsibly and conservatively? No treatments for you, too expensive. Young homosexual who needs expensive AIDS drugs because they had thousands of anonymous sexual encounters in bathhouses? Yes, this gets paid because that is a government-approved victim group with higher status.

Ding, ding, ding! We have a winner! That sums up the entire liberal outlook on society and state power succinctly and precisely. Certain government approved (read liberal approved), often government created, "victims" are more equal than the rest of us. Everything liberals do is about trying to create an unlevel playing field to benefit themselves, and their--as Obama put it--"coalitions of power."

[sheikdetailfeather]

http://www.myfloridalegal.com/newsrel.nsf/newsreleases/F126903192481A4E852578EA0062BCE8

August 12, 2011
Media Contact: Jenn Meale
Phone: (850) 245-0150

Attorney General Pam Bondi Declares Victory in Court’s Ruling that the Federal Health Care Mandate is Unconstitutional

TALLAHASSEE, Fla.–Florida Attorney General Pam Bondi today declared victory in the 11th Circuit Court of Appeals’ ruling that forcing Americans to purchase health insurance is unconstitutional.

“Today we have prevailed in preventing Congress from infringing on the individual liberty protected by the U.S. Constitution. The ruling by the Eleventh Circuit Court of Appeals upholds our position that the federal health care law exceeds Congress’ power,” stated Florida Attorney General Pam Bondi.

[left that other site]

“a blow to the White House”

Is this a thread from 1998? }:-)

Seriously though, that is good news.

[mandaladon]

Not a good week for libs, but a good week for America.

[kabar]

I thought Obamacare didn’t contain a severability clause, thus if one part is ruled unconstitutional, the entire law is unconstitutional.

[COBOL2Java]

Point conceded, but still best to have a single thread to aggregate comments, IMHO.

However, the thread you're pointing to is locked, so noone's going to post comments there anyway.