+ Reply to Thread
+ Post New Thread
Results 1 to 5 of 5

Thread: U.S. Appeals Court for the 11th Circuit rules against Obama healthcare mandate!

  1. Default U.S. Appeals Court for the 11th Circuit rules against Obama healthcare mandate!

    This is very good news!

    Thanks to the ObamaCare law, an astonishing 85 million people will soon be enrolled in Medicaid (or the children's version of it) by 2014 -- nearly a third of all Americans below 65.

    "And what about "shared sacrifice"? The Obama health law imposed plenty of sacrifice on seniors and baby boomers: It slashed funding for Medicare by $500 billion over the next decade. It uses those "savings" to pay for two entitlements: a huge increase in Medicaid enrollment and new subsidies for middle-income Americans (families earning up to $88,000 a year) to pay for private health care plans. Unfortunately, when push comes to shove, even this amount will not be sufficient to cover all of these millions of new enrollees!"

    To cover all of these new people, our healthcare premiums could easily go up as much as 20 percent as soon as Obamacare is fully implemented!

    The U.S. Appeals Court for the 11th Circuit, based in Atlanta, ruled 2 to 1 that Congress exceeded its authority by requiring Americans to buy coverage, but it unanimously reversed a lower court decision that threw out the entire law.

    The legality of the individual mandate, a cornerstone of the healthcare law, is widely expected to be decided by the U.S. Supreme Court. Opponents have argued that without the mandate, which goes into effect in 2014, the entire law falls.

    The law, adopted by Congress in 2010 after a bruising battle, is expected to be a major political issue in the 2012 elections as Obama seeks another term. All the major Republican presidential candidates have opposed it.

    Obama has championed the individual mandate as a major accomplishment of his presidency and as a way to try to slow the soaring costs of healthcare while expanding coverage to the more than 30 million Americans without it.

    The White House voiced confidence the law would be upheld. "We strongly disagree with this decision and we are confident it will not stand," Obama aide Stephanie Cutter said in a statement.

    Because it conflicts with another appeals court ruling that upheld the law, the Supreme Court is expected to take it up during its term that begins in October with a ruling possible just months before the November 2012 presidential election.

    Legal experts said it was impossible to predict how the high court will rule but agreed that it may be a close vote by nine ideologically divided justices, with moderate conservative Justice Anthony Kennedy as the possible swing vote.

    SPLIT DECISION

    Twenty-six states together had challenged the mandate, arguing that Congress had exceeded its authority by imposing such a requirement. But the Obama administration had argued it was legal under the Commerce Clause of the U.S. Constitution.

    A federal judge in Florida sided with the states and struck down the entire law, leading the administration to appeal.

    A divided three-judge panel of the 11th Circuit found that it did not pass muster under that clause or under the power of Congress to tax. The administration has said the penalty for not buying healthcare coverage is akin to a tax.

    "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 repurchase that insurance product every month for their entire lives," the majority said in its 207-page opinion.


    That opinion was jointly written by Judges Joel Dubina, who was appointed to the appeals court by Republican President George H.W. Bush, and by Frank Hull, who was appointed by President Bill Clinton, a Democrat.

    The Court of Appeals for the 4th Circuit, based in Richmond, has yet to rule on a separate challenge by the state of Virginia. A federal judge in that state had ruled the mandate unconstitutional as well.

    Either side could ask the full 11th Circuit court to reconsider the decision or go straight to the Supreme Court. The Justice Department said it was weighing its options.

    "Today we have prevailed in preventing Congress from infringing on the individual liberty protected by the U.S. Constitution," Florida Attorney General Pam Bondi said.

    The 11th Circuit did not agree that the entire Obama healthcare law should be tossed out. Many provisions are already being implemented, including allowing children to stay on their parents' health insurance plan until age 26 and banning lifetime coverage limits.

    Further, the Obama administration on Friday issued new incentives for states and people to participate in health insurance exchanges, including tax credits and funding grants for the states.

    The Obama administration did win some support from the appeals court for the individual mandate. One of the three judges, Stanley Marcus, dissented from the majority opinion in his own 84-page opinion.

    The majority "has ignored the undeniable fact that Congress' commerce power has grown exponentially over the past two centuries and is now generally accepted as having afforded Congress the authority to create rules regulating large areas of our national economy," wrote Marcus, also a Clinton appointee to the appeals court.

    He also cited a past opinion about Congress' broad power by the possible Supreme Court swing vote, Justice Kennedy.

    Cutter from the White House said that without the individual mandate, healthcare premiums could go up as much as 20 percent. America's Health Insurance Plans, the trade group for the industry, said repealing the individual mandate would cause "significant disruption and skyrocketing costs."

    http://www.reuters.com/article/2011/...77B4J320110812
    James Cessna

    "If you give a man a fish (socialism), you feed him for a day. It you teach a man to fish (capitalism), you feed him and the people he employs for a lifetime."

  2. Default

    This part was vwery good.

    A divided three-judge panel of the 11th Circuit found that it did not pass muster under that clause or under the power of Congress to tax. The administration has said the penalty for not buying healthcare coverage is akin to a tax.

    "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 repurchase that insurance product every month for their entire lives," the majority said in its 207-page opinion.
    James Cessna

    "If you give a man a fish (socialism), you feed him for a day. It you teach a man to fish (capitalism), you feed him and the people he employs for a lifetime."

  3. Cool

    Obamacare at the top of the list for the Supreme Court to review...

    Healthcare tops US Supreme Court docket
    Mon, Oct 03, 2011 - Washington : Profanity on television, police use of GPS without a warrant, and the status of Jerusalem on passports are grist for the new US Supreme Court session opening today, but the main event will be US President Barack Obama’s landmark healthcare reform.
    The nine justices on the highest court in the land already have 50 cases on the table for the new session, which runs until the end of June next year. The court has dealt with up to 75 cases in past sessions, so the extra space could be interpreted as the court leaving extra room for the sweeping healthcare reform that Obama championed and signed into law in early last year. Ilya Shapiro, an expert on the court at the Cato Institute, in Washington, described healthcare as “the so-called elephant in the room,” overshadowing all other cases. “This is definitely the issue of this term,” said Michael Carvin, a leading constitutional lawyer for the Jones Day firm in the US capital and who has argued cases in the court. “It could be the term of the century or at least of the decade,” he said.

    The healthcare legislation extended coverage to an extra 32 million people and fulfilled decades of Democratic dreams of social reform, but was fiercely contested by Republicans. The divisive policy has resurfaced as a key issue in the early stages of the campaign ahead of next year’s US presidential election. On Wednesday, the Obama administration asked the court to decide whether the law is constitutional, attacking an appeals court ruling in August that struck down a central provision that would require all Americans to have health insurance by 2014. The justices, confronted with contradictory lower court rulings, have received three other appeals, including one by a group of 28 US states seeking a complete overhaul of the law. In all likelihood, the justices will hand down a decision in June. “This will be decided before the election” in November next year, said Carvin, adding that it will inevitably become a campaign issue.

    “Regardless what the decision is, it’s going to be one of the most dramatic decisions in the history of constitutional law, because the court will have to decide what the limits are on [the US] Congress’s power,” said Timothy Sandefur, a lawyer at the Pacific Legal Foundation. The Supreme Court could also take up other hot issues, such as gay marriage and state laws clamping down on immigration. They are politically very significant because they involve “the power of the states against the power of the national government,” said Elizabeth Papez, a constitutional law specialist.

    The Supreme Court is also expected to weigh in on the definition of “indecency” on television in a case that concerns the appearance of bare bottoms in a TV series and the use of profane language on live shows. The court will also examine a request from the Obama administration to allow police to track suspects using GPS satellite technology without a judicial warrant. The judgment is seen as a key test of the US fourth amendment after a man sentenced for drug dealing on evidence obtained using GPS without a warrant was annulled after it was deemed to have violated his rights.

    http://www.taipeitimes.com/News/worl.../03/2003514837
    Logic is the beginning of wisdom - Vulcan proverb

  4. Default

    I think I agree with their decision.
    Be free.

  5. Default

    Quote Originally Posted by Daybreaker View Post

    I think I agree with their decision.
    Why do you agree with it?


    Please elaborate.
    James Cessna

    "If you give a man a fish (socialism), you feed him for a day. It you teach a man to fish (capitalism), you feed him and the people he employs for a lifetime."

+ Reply to Thread
+ Post New Thread

Similar Threads

  1. Replies: 7
    Last Post: Oct 17 2011, 05:08 PM
  2. 11th Circuit Rules ObamaCare Individual Mandate Unconstitutional
    By James Cessna in forum Political Opinions & Beliefs
    Replies: 2
    Last Post: Sep 14 2011, 06:41 PM
  3. Replies: 0
    Last Post: Aug 31 2011, 06:02 PM

Tags for this Thread

Bookmarks

Bookmarks