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BREAKING NEWS: Appeals court rules part of President Obamas health care law unconstitutional
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ATLANTA (AP) A federal appeals court has struck down the requirement in President Barack Obama's health care overhaul package that virtually all Americans must carry health insurance or face penalties.
A divided three-judge panel of the 11th Circuit Court of Appeals on Friday struck down the so-called individual mandate, siding with 26 states that had sued to block the law.
But the decision didn't go as far as a lower court that had invalidated the entire overhaul as unconstitutional.
The states and other critics say the law violates people's rights. The Justice Department counters that the legislative branch was exercising a "quintessential" power.
An appeals court and three federal judges have upheld the law, and two have invalidated it. Experts say the debate ultimately will be decided by the U.S. Supreme Court.
hell yes!!!strike this economic back breaker down!!!appeals court strikes health insurance requirement - yahoo! News
atlanta (ap) a federal appeals court has struck down the requirement in president barack obama's health care overhaul package that virtually all americans must carry health insurance or face penalties.
A divided three-judge panel of the 11th circuit court of appeals on friday struck down the so-called individual mandate, siding with 26 states that had sued to block the law.
But the decision didn't go as far as a lower court that had invalidated the entire overhaul as unconstitutional.
The states and other critics say the law violates people's rights. The justice department counters that the legislative branch was exercising a "quintessential" power.
An appeals court and three federal judges have upheld the law, and two have invalidated it. Experts say the debate ultimately will be decided by the u.s. Supreme court.
Doesn't change anything
Some courts have approved it others have denied
Have to wait for that 5-4 Supreme Court decision
Can't wait till obamaturds socialistic obamacare is repealed. It does matter. The appeals court made the right dcision. Lefties cry cry cry because there socialism march just got slowed down.Doesn't change anything
Some courts have approved it others have denied
Have to wait for that 5-4 Supreme Court decision
Score is still in favor of the mandates. This will be decided by the SC.
How Antonin Scalia May Save The Individual Mandate
Doesn't change anything
Some courts have approved it others have denied
Have to wait for that 5-4 Supreme Court decision
Doesn't change anything
Some courts have approved it others have denied
Have to wait for that 5-4 Supreme Court decision
What makes you think the SC has to hear it? They can simply decide the appellate court is correct.
Links at site.11th Circuit Strikes Down Individual Mandate
Ilya Somin August 12, 2011 2:14 pm
The 11th Circuit Court of Appeals has just issued a 21 ruling striking down the individual mandate in a suit brought by 26 state governments, the National Federation of Independent Business, and others. This is the first court of appeals decision striking down the mandate, and creates a circuit split with the recent Sixth Circuit decision going the other way. The opinion is available here. Its easily the most important victory for the anti-mandate side so far.
Significantly, Judge Frank Hull, a Clinton appointee has now become the first Democratic-appointed judge to vote to strike down the mandate, balancing Republican Sixth Circuit Judge Jeffrey Sutton who voted to uphold it. The decision further undermines claims that the individual mandate suit is a sure loser that goes against a supposed expert consensus that the mandate is clearly constitutional.
It is now extremely likely that the Supreme Court will end up hearing the case, as the Court cannot allow a situation where the mandate is valid in some parts of the country but not in others. I recently opined on the cases prospects in the Supreme Court here.
I will try to post additional commentary on the decision as soon as possible. Unfortunately, this is a very busy day, and it may take awhile to fully study the 300 pages of the majority and dissenting opinions.
Score is still in favor of the mandates. This will be decided by the SC.
How Antonin Scalia May Save The Individual Mandate
It should have been decided by Congress.
Shame so many care about what so many died for.
Down With The Tyrants!!