Saturday, August 13, 2011

Obamacare- Healthcare Law - #3161 - 11th Circuit Rules Obamacare Mandate Unconstitutional - Update: Obama "Confident" (2) Hope Dies for Unions as Wisconsin Voters Reject Change - Reason

Don’t expect this to be the last stop for the train, but during the next stage of the court challenge process, the individual mandate in Obamacare (not the entire law) has been found unconstitutional. A federal appeals court ruled Friday that a provision in President Obama’s health care law requiring citizens to buy health insurance is unconstitutional, but didn’t strike down the rest of the law. The decision is a major setback for the White House, which had appealed a ruling by a federal district judge who struck down the entire law in January. But the case is clearly headed to the Supreme Court, which will have the final say. On Friday, the divided three-judge panel of the 11th Circuit Court of Appeals sided with 26 states that filed a lawsuit to block Obama’s signature domestic initiative.The panel said that Congress exceeded its constitutional authority by requiring Americans to buy insurance or face penalties. One comment of note from the majority declared the mandate to be, “a wholly novel and potentially unbounded assertion of congressional authority.” This is pretty much in line with most of the well fleshed out complaints we’ve seen since the suit was originally begun...........
Update (AP): Another killer quote from the opinion via Politico. Philosophically, this is a total victory:  The majority of the panel said they couldn’t uphold the mandate because there would be no limit to Congress’s powers if they did. Opponents of the law have frequently argued that if Congress can require people to buy insurance, they can force people to do anything else, such as buy broccoli or a gym membership for their health benefits…  “We have not found any generally applicable, judicially enforceable limiting principle that would permit us to uphold the mandate without obliterating the boundaries inherent in the system of enumerated congressional powers,” Dubina and Hull wrote. “’Uniqueness’ is not a constitutional principle in any antecedent Supreme Court decision.”  Obama’s having some month, huh?    Read more......  Article contributed by Steve Peters: ANOTHER MAJOR COURT RULING ON THE UNCONSTITUTIONALITY OF OBAMACARE PUTS IT ON THE CRITICAL LIST-WILL THE SUPREME COURT GIVE IT THE DEATH SENTENCE BEFORE IT KILLS THE ECONOMY?

Hope Dies for Unions as Wisconsin Voters Reject Change - Reason - Someone has to be pretty deep in the Land of Denial to spin the Wisconsin recall elections as good news for Democrats. But the Daily Kos’ Markos Moulitsas rose to the occasion yesterday.  Republicans managed to keep four of the six seats that Democrats and their public union allies had targeted for recall, thwarting Democratic plans to wrest control of the state legislature from GOP hands. Of the two seats that Republicans lost, one was in a solidly Democratic district that a Republican happened to hold only due to a fluke of nature, David Freddoso of the Washington Examiner notes. And the second was held by an alleged adulterer whose wife revealed that he had moved outside his district to live with his young lover.  This would be bad news for the Dems under any circumstances, but it is especially so given that it comes on the heels of their previous failure to boot out conservative Supreme Court Justice David Prosser, despite allegations that he assaulted a fellow justice.  Read more........  Article contributed by Steve Peters.

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