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PA Federal Court Strikes Obamacare Mandate
Posted by William A. Jacobson Tuesday, September 13, 2011 at 2:18pm
Judge Christopher C. Conner of the U.S. District Court in the Middle District of Pennsylvania has stricken the Obamacare mandatge in a Memorandum and Order issued today (h/t Fuzzy via Gateway Pundit), as reported by Bloomberg:
The insurance-buying mandate in President Barack Obamas health-care reform legislation is unconstitutional, a federal judge in Pennsylvania ruled.
U.S. District Judge Christopher C. Conner in Harrisburg today said Congress exceeded its powers under the federal constitution when it included in the act Obama signed into law last year a provision requiring almost all Americans to have medical insurance starting in 2014.
The federal government, Conner said, is one of limited enumerated powers, and Congresss efforts to remedy the ailing health care and health insurance markets must fit squarely within the boundaries of those powers.
A copy of the decision is here. An appeal would go to the Third Circuit Court of Appeals, which has not yet ruled on the issue.
The 4th Circuit recently dismissed the Obamacare case brought by Virginia on standing grounds without reaching the merits, while the 11th Circuit threw out ....
» PA Federal Court Strikes Obamacare Mandate - Le·gal In·sur·rec·tion
Posted by William A. Jacobson Tuesday, September 13, 2011 at 2:18pm
Judge Christopher C. Conner of the U.S. District Court in the Middle District of Pennsylvania has stricken the Obamacare mandatge in a Memorandum and Order issued today (h/t Fuzzy via Gateway Pundit), as reported by Bloomberg:
The insurance-buying mandate in President Barack Obamas health-care reform legislation is unconstitutional, a federal judge in Pennsylvania ruled.
U.S. District Judge Christopher C. Conner in Harrisburg today said Congress exceeded its powers under the federal constitution when it included in the act Obama signed into law last year a provision requiring almost all Americans to have medical insurance starting in 2014.
The federal government, Conner said, is one of limited enumerated powers, and Congresss efforts to remedy the ailing health care and health insurance markets must fit squarely within the boundaries of those powers.
A copy of the decision is here. An appeal would go to the Third Circuit Court of Appeals, which has not yet ruled on the issue.
The 4th Circuit recently dismissed the Obamacare case brought by Virginia on standing grounds without reaching the merits, while the 11th Circuit threw out ....
» PA Federal Court Strikes Obamacare Mandate - Le·gal In·sur·rec·tion