11th Circuit Appeals Court Rules Against ObamaCare

Score another point for the Constitution.

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.
The legality of the so-called individual mandate, a cornerstone of the 2010 healthcare law, is widely expected to be decided by the Supreme Court. The Obama administration has defended the provision as constitutional.
The case stems from a challenge by 26 U.S. states which had argued the individual mandate, set to go into effect in 2014, was unconstitutional because Congress could not force Americans to buy health insurance or face the prospect of a penalty.
“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 re-purchase that insurance product every month for their entire lives,” a divided three-judge panel said.
http://news.yahoo.com/appeals-court-rules-against-obama-healthcare-law-171829777.html

The commerce act has been manipulated and twisted beyond recognition by a zealous group of leftwing politicians hellbent on making it fit their agenda.  Mr. Hopey-Changey ran smack into ‘bitter, gun clinging’ Americans angry with the spending orgy, the trampling of the Constitution, and the government abuse of power.

The 6th Circuit ruled in favor of ObamaCare and the 4th still has a case pending.  This will go all the way to the U.S. Supreme Court.

Related post:

http://sfcmac.wordpress.com/2011/01/22/more-states-on-board-with-obamacare-lawsuit/

2 thoughts on “11th Circuit Appeals Court Rules Against ObamaCare”

  1. SARG…don’t tap that keg just yet…

    the supremes haven’t had their say yet…

    there is a clause in the HELLSCARE bill that says you can’t declare it un-constitutional…

    if you try to call it un-constitutional then you’re a RACERIST!!!

    it’s in there it just ain’t been reided yet…

    1. Butt,
      That “clause” in the ObamaCare bill that attempts to override the Constitution isn’t sitting very well with the appeals courts.

      This is the “clause” in question. Harry Reid snuck it in the bill:

      Senate Majority Leader Harry Reid of Nevada is proving once again the maxim that darkness hates the light.

      Buried in his massive amendment to the Senate version of Obamacare is Reid’s anti-democratic poison pill designed to prevent any future Congress from repealing the central feature of this monstrous legislation.

      Beginning on page 1,000 of the measure, Section 3403 reads in part: “… it shall not be in order in the Senate or the House of Representatives to consider any bill, resolution, amendment or conference report that would repeal or otherwise change this subsection.”

      In other words, if Obama signs this measure into law, Reid intends that no future Senate or House will be able to change a single word of Section 3403, regardless whether future Americans or their representatives in Congress wish otherwise.

      Note that the subsection at issue here concerns the regulatory power of the Independent Medicare Independent Advisory Board to “reduce the per capita rate of growth in Medicare spending.”

      That is precisely the kind of open-ended grant of regulatory power that effectively establishes the IMAB as the ultimate arbiter of the cost, quality and quantity of health care to be made available to the American people. And Reid wants the decisions of this group of unelected federal bureaucrats to be untouchable for all time.
      More: http://www.washingtonexaminer.com/opinion/The-impudent-tyranny-of-Harry-Reid-8665439-79935422.html

      Reid’s language in that bill is unConstitutional all by itself. That goes to show how arrogant the fucking Dems really are. ‘Not only will we shove this unConstitutional legislation through Congress, but we declare that no one has permission to overturn it.’
      I don’t think that kind of hubris and tyranical behavior will pass muster with the SCOTUS, either.

      SFC MAC

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