Magazine article The New American

11th Circuit Court Declares ObamaCare Unconstitutional

Magazine article The New American

11th Circuit Court Declares ObamaCare Unconstitutional

Article excerpt

On August 12 the 11th Circuit Court of Appeals delivered what the Milwaukee Journal Sentinel termed "a stinging blow to [President Barack] Obama's signature achievement," declaring the ObamaCare individual mandate unconstitutional. The court thus "sided with 26 states ... that had sued to stop the law from taking effect," the paper said.

A three-judge panel of the court split in favor of the states--and the Constitution--and against the Obama administration. Chief Judge Joel Dubina and Circuit Judge Frank Hull authored the panel's 207-page majority opinion, which declared that "Congress exceeded its enumerated commerce power" when it "mandate[d] that individuals enter into contracts with private insurance companies for the purchase of an expensive product from the time they are born until the time they die." They added:

  The individual mandate is breathtaking in its expansive scope. It
  regulates those who have not entered the health care market at all.
  It regulates those who have entered the health care market, but have
  not entered the insurance market (and have no intention of doing so).
  It is over inclusive in when it regulates: it conflates those who
  presently consume health care with those who will not consume health
  care for many years into the future. The government's position
  amounts to an argument that the mere fact of an individual's
  existence substantially affects interstate commerce, and therefore
  Congress may regulate them at every point of their life. This theory
  affords no limiting principles in which to confine Congress's
  enumerated power, [Emphasis in original. … 
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