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Finally! Common Sense From Our Judges: Obamacare is Unconstitutional

But, the individual mandate was a quintessential right of Congress!!

Atlanta, GA–  A federal appeals court panel on Friday struck down the requirement in President Barack Obama’s health care overhaul package that virtually all Americans must carry health insurance or face penalties.

The divided three-judge panel of the 11th Circuit Court of Appeals struck down the so-called individual mandate, siding with 26 states that had sued to block the law. But the panel didn’t go as far as a lower court that had invalidated the entire overhaul as unconstitutional.

The states and other critics argued the law violates people’s rights, while the Justice Department countered that the legislative branch was exercising a “quintessential” power.

The decision, penned by Chief Judge Joel Dubina and Circuit Judge Frank Hull, found that “the individual mandate contained in the Act exceeds Congress’s enumerated commerce power.”

“What Congress cannot do under the Commerce Clause is mandate that inividuals 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,” the opinion said.

Circuit Judge Stanley Marcus disagreed in a dissent.

Now, if we could just fast track this to the Supreme Court before 2012!


  1. When you take text from elsewhere, don’t you think you ought to provide a link to your source, if not also format the whole thing as a block quote?

    I don’t mean to call you out publicly—in fact, I invite you to delete this comment as soon as you’ve read it—but I couldn’t find your e-mail address anywhere on your blog; so I’m writing to you here.

    • Except that we are forced to purchase roads, airports, schools and education, and defense services. Amongst other things.

      • Deziel, I don’t have any problem spending tax money where it should be spent. I am ok with highways, airports & defense services. States can’t provide these services and we need them. Obamacare is a takeover of private industry. Exactly as the Cybersecurity & Internet Freedom Act is. This government is getting too big for its britches! All of us Americans need to stand up and demand that they get back into the little box that our Constitution outlined for them!

      • But where “should [tax money] be spent”? Who decides? It’s a very ambiguous argument and open to interpretation based on perspective. It can be argued that highways and airports should be provided by the states (10th amendment, unless there’s an Airport Clause in the Constitution) and it could be further argued that since not everyone uses airports, it should be left to the free market, since I shouldn’t pay for something I don’t use. Just for instance.

        Admittedly, I’m not a fan of the individual mandate either, albeit for different reasons. But the “you can’t force me to purchase something” argument is inherently contradictory. Nor is the ACA a “takeover of private industry”.

      • We will have to part ways on this one. Obamacare is a take over of 1/6 of the American economy. There is no doubt on that score. What was once private will now be government owned & operated. As for your first statement, the answers are easy: the congress decides what taxes we pay based on the Constitution. As flights go over state boundaries, one state can’t regulate it. Same for the highways. The military is addressed as a Congressional responsibility for Congress.

        There are limits to what Congress may do. Obamacare goes too far.

  2. The best quote thus far, “No one should report this decision as ‘ObamaCare is unconstitutional.’ The most you can say is ‘two judges decided the individual mandate is unconstitutional under the Commerce Clause, but would have been constitutional if it had been more explicitly designed as a tax. The rest of health care reform is constitutional.'” — Kevin Outterson

  3. My faith in our justice system is partially restored. If our congress would just repeal it in the meantime…

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