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Court: Obamacare Provision Unconstitutional

An appeals court today ruled that the Obamacare requirement that everyone purchase health insurance is unconstitutional. The requirement is a cornerstone of the law, and removing it would make other parts of the law unworkable.

The decision is a victory for opponents of the law, but in the end, it doesn’t matter much.This is going to the Supreme Court, and the opinion there that matters is that of Justice Anthony Kennedy, whose vote likely will decide the case.

From the article by Reuters.

An appeals court ruled 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.

 

14 thoughts on “Court: Obamacare Provision Unconstitutional”

  1. Keith – shouldn’t Elena Kagan recuse herself since she advised on the health care bill while working in the WH? How do we keep on this?

      1. Keith – thanks for the reply, but “she claims”- “pretty doubtful”? Wasn’t she the Solictor General? I know I am being a bit paranoid about this, but it could be the deciding vote which Obama put in place along with the “wise Latina woman.”. We can’t wait till it is too late, just like we can’t wait to investigate voter fraud (Al Franken (national disgrace)- – votes found in back of car ring a bell?), dead people voting in Chicago, Black Panther intimidation, lack of military votes, etc.) Whom do I contact to register my indigation?????

        1. Boo, I’m just telling you that my understanding is that technically, within the law, she can consider the case as a Justice even if she was solicitor general if she didn’t personally express an opinion on it. Your best bet for registering outrage is to contact Boehner and Cantor’s offices as well as that of House Judiciary Committee Chairman Lamar Smith and the office of Chief Justice John Roberts.

          1. Please excuse my ignorance, would Justice Roberts have power to even suggest kagan recuse herself ? Is there a process within the court to handle her ? Sure hope someone is digging thru the past to find documentation, for we all know how she may vote…

  2. Let’s hope that when this issue comes before the Supremes that they also look to the 1,000+ waivers that the HHS allowed to some of the very proponents of this law. IMO, those waivers made by this administation were unconstitutional because there is no standard criteria or stated exceptions in this law.
    I hope the Supremes throw this mess down the steps, out the door, and into the garbage.

  3. The wonderful part about this ruling is that finally a federal judge appointed by a Democrat actually ruled the mandate was unconstitutional. I was so afraid that the two Democrat appointed judges would rule the other way. Liberty wins one today!

  4. It’s too bad that 4 Justices on the Supreme Court make decisions based on political considerations, especially since they swear to uphold the Constitution of the United States, which clearly does not give the federal government the power to make me buy giant red rubber balls or pay a fine.

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