Saturday, August 13, 2011

Eleventh Circuit Finds Healthcare Law Unconstitutional--Breaks From Sixth Circuit

The Eleventh Circuit ruled Friday that the health care law known as the Affordable Care Act is unconstitutional. In a two-to-one opinion, the Eleventh Circuit found Friday that the individual mandate that requires individuals to carry health insurance is unconstitutional and that Congress exceeded their lawful authority when it passed the law. The Court found this to a be a violation of the commerce clause. This decision is the first appellate review of a lower District Court's decision finding the law unconstitutional. Previously, the Sixth Circuit found the law constitutional.

Both the White House and the Justice Department have released statements saying they are confident that the law is constitutional. Now with split decisions from the Sixth and Eleventh Circuits the law is ripe for review by the Supreme Court.

Michael Cooper reports in the New York Times today about the opinion.

STATE OF FLORIDA, by and through Attorney General, STATE OF SOUTH CAROLINA, by and through Attorney General, STATE OF NEBRASKA, by and through Attorney General, STATE OF TEXAS, by and through Attorney General, STATE OF UTAH, by and through Attorney General, et. al., Plaintiffs - Appellees - Cross-Appellants, versus UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (case link)

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