Saturday, August 13, 2011

11th Circut Court of Appeals Strikes Down ObamaCare's Unconstitutional Individual Mandate

by: Les Carpenter
Rational Nation USA
Birthplace of Independent Conservatism
Liberty -vs- Tyranny


Rational thought again prevails. It's now on the the High Court.

(Reuters) - The U.S. Appeals Court for the 11th Circuit, based in Atlanta, ruled 2 to 1 that Congress exceeded its authority by requiring Americans to buy coverage, but it unanimously reversed a lower court decision that threw out the entire law.

The legality of the individual mandate, a cornerstone of the healthcare law, is widely expected to be decided by the U.S. Supreme Court. Opponents have argued that without the mandate, which goes into effect in 2014, the entire law falls.

The law, adopted by Congress in 2010 after a bruising battle, is expected to be a major political issue in the 2012 elections as Obama seeks another term. All the major Republican presidential candidates have opposed it.

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"This economic mandate represents a wholly novel and potentially unbounded assertion of congressional authority: the ability to compel Americans to purchase an expensive health insurance product they have elected not to buy, and to make them repurchase that insurance product every month for their entire lives," the majority said in its 207-page opinion.

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"Today we have prevailed in preventing Congress from infringing on the individual liberty protected by the U.S. Constitution," Florida Attorney General Pam Bondi said.

The 11th Circuit did not agree that the entire Obama healthcare law should be tossed out. Many provisions are already being implemented, including allowing children to stay on their parents' health insurance plan until age 26 and banning lifetime coverage limits. {Full Story}

This is great news. In the battle to retain our rights to make individual choices this is certainly sweet.

If reason prevails a majority of Supreme Court Justices will find the individual mandates unconstitutional. In fact, if reason is alive and well the decision will be 9-0. Nine declaring the unconstitutionality of governmental coercion and force requiring a free individual to purchase any product against their free will.

Repeal of ObamaCare in its entirety would be the ideal.

Go here for the link to the court decision.

More excellent commentary here, here, and here.

Via: Memeorandum

4 comments:

  1. I don't put much faith in the SCOTUS to be reasonable. Look who installed some of them. Plus, you've got one turncoat.

    ReplyDelete
  2. Donald in Bethel, CT says:

    I agree with Gorges.

    I am thrilled at this turn of events, but I simply cannot believe that the SCOTUS will be rational and reasonable. Remember, Sotomayor said she herself judges with emotion, not with intellect. Yikes.

    Emotional assessments and government, (to any capacity), is not a good combination. It has lead us to social engineering and socialist-leaning policies. Again, yikes.

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  3. What the outcome of this also entails is abandoning of mandatory auto insurance laws also.

    If you want to stretch it, it means government can't mandate we pay for anything should the Supremes, five of them anyway, find this unconstitutional.

    The mandatory participation was to ensure everyone that benefits helps pay and not scam the system. It has become a bull crap political one liner about "freedom."

    It's about responsibility for one's health care costs. I figured the republicans would embrace it. But integrity and consistency are things I've learned not to expect from politicians of any ilk.

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  4. Joe - What I am about to say is harsh. Some will find it repugnant, perhaps even lacking humanity.

    There exists no "right to health care." This is a position based on rational ethics. We may argue till death over this. But until someone can rationally, rather than emotionally, argue we have a right to healthcare, and identify where it exists in our constitution I remain unconvinced.

    Forcing a person to purchase health insurance at the point of the governmental cannon is wrong.

    Should an individual make the irrational decision to opt out, for whatever their reason, then they alone should suffer the consequences.

    The fact is ObamaCare should be scrapped in its entirety and Obama ought to call in the Swiss for some advice on their market based system with effective governmemnt oversight.

    But then again, why consider and copy something that has proven successful.

    ReplyDelete

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