A great opinion was issued by the Eleventh Circuit Court of Appeals. The individual mandate in last year's health care law is unconstitutional.
This is one more nail in the coffin of the bill that has been called "Obamacare." As I have maintained all along, whatever may be the good features of the bill, the individual mandate clearly has to go.
The Obama administration obviously will appeal to the Supreme Court. This, of course, they have a right to do. But I predict that the Justices of that court will accept the Eleventh Circuit's ruling. The Constitution is clear on this point.
[T]he individual mandate contained in the Act exceeds Congress’s enumerated commerce power. This conclusion is limited in scope. The power that Congress has wielded via the Commerce Clause for the life of this country remains undiminished. Congress may regulate commercial actors. It may forbid certain commercial activity. It may enact hundreds of new laws and federally-funded programs, as it has elected to do in this massive 975- page Act. But what Congress cannot do under the Commerce Clause is mandate that individuals 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.
This is one more nail in the coffin of the bill that has been called "Obamacare." As I have maintained all along, whatever may be the good features of the bill, the individual mandate clearly has to go.
The Obama administration obviously will appeal to the Supreme Court. This, of course, they have a right to do. But I predict that the Justices of that court will accept the Eleventh Circuit's ruling. The Constitution is clear on this point.
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