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Hope ‘n’ Change: Another Court Defeat for ObamaCare August 27, 2011

Posted by seeineye in : Politics , add a comment

The U.S. Court of Appeals for the 11th Circuit recently ruled as unconstitutional ObamaCare’s mandate for all Americans to carry health insurance. This is the biggest defeat for the law so far, and it affirms a January ruling by U.S. District Court Judge Roger Vinson of Florida in a case brought by 26 state attorneys general. The Obama administration’s appeal of Vinson’s ruling maintained that the government can compel everyone to purchase health insurance because of its power to regulate interstate commerce. This view was soundly rejected by 11th Circuit Court Judges Joel Dubina and Frank Hall, appointed by George H.W. Bush and Bill Clinton, respectively. Dubina and Hall wrote in their 207-page opinion that such reasoning suggests the government has the power to regulate every part of a person’s life because all persons influence interstate commerce by virtue of their existence.

The decision conflicts with the Sixth Circuit’s complete affirmation of ObamaCare in June, further assuring that the Supreme Court will make the final call. It won’t be a matter of just ruling ObamaCare constitutional or striking it down in total. The 11th Circuit decision introduced the concept of “severability.” While they agreed with Vinson on the mandate, Dubina and Hall decided that the mandate could be removed from the law while leaving the rest of its provisions intact. Vinson ruled the entire ObamaCare law as unconstitutional, believing that the mandate is too integral to the law to be removed and still leave the remaining provisions functional. Insurance companies would be compelled to accept all potential new customers, but people would have no incentive to buy insurance until they’re sick. The market would be turned upside down, and costs would necessarily skyrocket.

Despite this latest legal setback, ObamaCare continues to chug along with the Department of Health and Human Services granting another 106 waivers in July. Many of the 1,472 waivers will now last until 2014, whereas they were originally set to expire a year from their issuance. The latest batch will last three years. There is still no explanation forthcoming of the process of accepting or rejecting applicants, although the disproportionate number of unions and public sector groups already in the pool does suggest one important criterion.

Source – The Patriot Post