To: D-fendr
Are you sure? I didn't think these were, in effect, regional courts but federal - and that one ruling unconstitutional means it's unconstitutional, no matter if all the other circuits rule it constitutional or not.
I am quite sure. The decisions of one circuit are not binding precedent on any of the other circuits, so a case that arose in the 11th Circuit would not be bound by a decision in the 6th Circuit or vice-versa. See, e.g., Moores Federal Practice - Civil sec. 134.02 (I believe the section citation is correct, but it might be a different number within Moores Federal Practice).
Thus, a person living in the area covered by the 11th Circuit would not be subject to the individual mandate (but would be subject to the rest of the law that wasn't invalidated) whereas a person living in the area covered by the 6th Circuit would be subject to the individual mandate.
50 posted on
09/27/2011 8:44:44 PM PDT by
Oceander
(Not voting is tantamount to voting for Obama)
To: Oceander; nathanbedford
Thanks very much for your answers. Really appreciate it.
62 posted on
09/27/2011 9:15:55 PM PDT by
D-fendr
(Deus non alligatur sacramentis sed nos alligamur.)
To: Oceander
Sorry, just occurred to me:
Thus, a person living in the area covered by the 11th Circuit would not be subject to the individual mandate
So.. if this person refused to pay the fine, could the IRS take action?
85 posted on
09/27/2011 10:46:25 PM PDT by
D-fendr
(Deus non alligatur sacramentis sed nos alligamur.)
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