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Politics : Liberalism: Do You Agree We've Had Enough of It?
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To: puborectalis who wrote (110529)8/12/2011 10:50:18 PM
From: Hope Praytochange1 Recommendation  Read Replies (2) of 224755
 
A federal appeals court struck down as unconstitutional the central provision of President Barack Obama’s health-care law requiring most Americans get coverage, bringing the 2010 act ever-closer to the U.S. Supreme Court.

The 2 to 1 ruling conflicts with an earlier decision by a federal appeals panel in Cincinnati, which upheld the individual mandate. The provision exceeds Congress’s power to regulate commerce, the U.S. Court of Appeals in Atlanta ruled today, affirming in part a lower court in a lawsuit filed by 26 states.

“This guarantees that the Supreme Court will rule on the constitutionality of the individual mandate, and makes it very likely that the court’s ruling will come by the end of June 2012,” said Kevin Walsh, an assistant professor at the University of Richmond School of Law in Virginia.

The U.S. Supreme Court often decides to accept cases where two or more of the federal appeals courts are in disagreement. Plaintiffs in the Cincinnati case have already asked the high court to review that ruling. A third federal appeals panel in Richmond, Virginia, has heard arguments in two cases brought over the health care law and has yet to rule.

In today’s ruling, the majority wrote that the “mandate represents a wholly novel and potentially unbounded assertion of congressional authority.” The law requires “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.”

While throwing out the mandate, the panel overruled the lower court’s decision in that case to reject the entire health care law as a result.
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