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Appeals court rules against Obama healthcare law
Reuters ^
| Jeremy Pelofsky and James Vicini
Posted on 08/12/2011 10:43:48 AM PDT by americanophile
(Reuters) - An appeals court ruled on 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 healthcare law, is widely expected to be decided by the U.S. Supreme Court. The Obama administration has defended the provision as constitutional.
(Excerpt) Read more at reuters.com ...
TOPICS: Breaking News; Constitution/Conservatism; Front Page News; Government
KEYWORDS: 10thamendment; 11thcircuit; courtonobamacare; dubina; frankhull; healthcare; hull; individualmandate; joeldubina; marcus; obamacare; romneycare; ruling; stanleymarcus; statesrights; unconstitutional
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To: JulieRNR21; kinganamort; katherineisgreat; floriduh voter; summer; Goldwater Girl; windchime; ...
IIRC, this is the suit brought forth by Florida, and then joined by other states.
So far, so good.
Florida Freeper
181
posted on
08/13/2011 6:59:39 AM PDT
by
Joe Brower
(Sheep have three speeds: "graze", "stampede" and "cower".)
To: americanophile
182
posted on
08/13/2011 9:56:01 AM PDT
by
knak
(The only thing necessary for the triumph of evil is for good men to do nothing)
To: SkyPilot
Apparently there is well established precedent for the presumption of severability. So even if there's no severability clause, the legislation is still severable. Which is kind of a bummer if true.
To: P-Marlowe; wmfights; LostInBayport; xzins; blue-duncan
I personally think that since the mandate was central to the legislation and in fact is the fundamental lynchpin, I don't see how the rest of it can be constitutionally implemented. I agree, if this stands the law will never see the light of day from a practical standpoint. IIRC, even the administration has admitted that if the mandate goes down the whole thing goes down because there is no money to fund it. Healthy people will just opt out until they need it. The fines were small I think, so without any real money going in, it will collapse under its own weight.
184
posted on
08/15/2011 10:51:47 PM PDT
by
Forest Keeper
((It is a joy to me to know that God had my number, before He created numbers.))
To: Rocko; americanophile
More simple = the illegal alien is unconstitutional!!!
185
posted on
08/18/2011 8:18:28 PM PDT
by
danamco
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