Appeals Court Deems Healthcare Mandate Unconstitutional
11th Circuit rules that Congress went too far in requiring Americans to buy health insurance.
| Posted Friday, Aug. 12, 2011
A federal appeals court ruled
Friday that the provision in
President Obama's healthcare law
requiring nearly all Americans
to buy insurance is
unconstitutional, a potentially
striking blow to one of the
president's signature
accomplishments.
The Appeals Court for the 11th
Circuit found that Congress
exceeded its authority by
including the individual
mandate, but also ruled that the
rest of the sweeping law could
remain in effect,
Reuters reports.
The administration, which has
steadfastly defended the
provision as constitutional, is
expected to appeal the ruling
and the issue of the mandate's
legality is widely expected to
wind its way to the Supreme
Court for a final ruling.
"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.
The 2-1 ruling marks the first
time that a judge appointed by a
Democrat has voted against the
mandate,
Politico notes. Judge
Frank Hull, who was nominated by
Bill Clinton, joined Chief Judge
Joel Dubina, who was appointed
by George H.W. Bush, to strike
down the mandate.
The 11th Circuit, which is based
in Atlanta, is not for the first
to weigh in on the healthcare
law. The 6th Circuit, based in
Cincinnati, upheld the
individual mandate earlier this
year, and an appeals court in
Richmond has heard similar
challenges to the law.
But the 11th Circuit's decision,
the
New York Times notes, "is
considered by many observers to
be the most pivotal legal
battleground yet" because it
reviewed a sweeping ruling by a
Florida judge that threw out
additional provisions in the law
in addition to the requirement
that most Americans carry health
insurance.