11th Circuit Court of Appeals slams Individual Mandate

Post Reply New Topic

The 11th Circuit Court of Appeals on Friday ruled that the health care reform law’s requirement that nearly all Americans buy insurance is unconstitutional, a striking blow to the legislation that increases the odds the Supreme Court will choose to review the law.

Read more: http://www.politico.com/news/stories/08 ... z1V9C3xZKb

Next stop, US Supreme Court, and if this ruling stands, the Insurance companies will have grounds to sue over Obamacare.

Meanwhile, my prescription co-pay increased between 300% to 450% (depending on the prescription) over the last year...

That's 1:1 at the circuit court level. So there is a split court. The WH will ask the full circuit court to review it. If 6/10 judges reverse this, it doesn't go to the SC. Then it's on to the next circuit court decision (3 democrats), and so on. Though it's probably going to hit the SC at some point.

Of course there are many liberals who want it to fail. Then the Democrats will have to turn away from conservative ideas and push for single-payer or medicare for all in future.

The individual mandate is unconstitutional. Plain and simple. Obamacare must be repealed.

Hey i have a question.

Is there any reason we would HAVE to repeal the whole act, rather than just toss the individual mandate?

I mean sure the insurance companies would cry foul, but nuts to them.

Right. This does not repeal the whole act. They didn't agree with the Florida judge so this just strikes down the mandate. But the cost structure is based on mandates. The SC could slice it however they like, as could the full 11th circuit before that.

Well, what can one expect from the nitwits on the Eleventh Circuit Court of Appeals?

Actually the insurance companies could quite easily get the rest of Obamacare overturned by pointing out the legislation is deliberately written in a way to bankrupt them, which is in violation of the equal protection clause.

If the individual mandate goes, you are essentially saying that people when they get sick can immediately join an insurance company and force them to pay for the health care costs, so the legislation is essentially set up to deliberately bankrupt people. You can't write legislation to deliberately target people, it is unconstitutional.

Indeed. The googles indicate that although there is no explicit severability clause, some courts have deemed the individual mandate to be severable.

Nonsense. It wasn't written specifically to bankrupt the insurance companies, it just turned out that way after some litigation.

And insurance companies aren't people.

Their stockholders, employees, etc. are people.

Furthermore, it doesn't matter if litigation makes some other part of Obamacare unconstitutional, the individual mandate is unconstitutional. If the fact that is gone makes the rest of it unconstitutional, well looks like that one judge is right that all 2000+ pages should be thrown out.

Let all those private insurance industry HMO death pannels deny coverage to the sick to their hearts content, but simply allow a PUBLIC OPTION to cover such denied people (or anyone else who'd trust civil servants over profit-fixated HMO death panelists).

Last edited by Master_Pedant on 15 Aug 2011, 11:45 pm, edited 2 times in total.

Don't know about that. Go look at the track record of having laws declared to be a bill of attainder.

I'm sure the Heritage Foundation must be sad that their CONSERVATIVE idea - an individual mandate -was scrapped.

http://www.usnews.com/opinion/blogs/joh ... e-embraced

the whole legislation will be thrown out when the individual mandate is. The whole dang bill was written for the insurance companies as it is now.

It wasn't a private insurance company that told a woman in Oregon to go kill herself.

A 64 year old women, and cancer survivor, living in Oregon; Ms. Wagner learned her cancer had returned and would likely kill her. There was a chance for her survival however, a $4,000 a month drug which her doctor felt she was a good candidate for. Sadly her insurance provider determined this was not a good allocation of resources and denied coverage. Ms. Wagner is now dead from cancer. Which insurance company denied her coverage? Which greedy corporation put profits ahead of people and let Ms. Wagner die when lifesaving care was available? As I stated above, Oregon's state run health insurance plan determined $4,000 was too large an expense for a 64 year old women who had already had cancer once before. A better use of funds would be a $50 assisted suicide pill. This is what was offered to Ms. Wagner in an unsigned letter, this was her “public option”. (Recap, the greedy drug manufacturer offered Ms. Wagner free cancer drugs after her Government health plan denied coverage)

http://www.examiner.com/law-and-politic ... ll-instead

That's right the single payer plan you advocate told a woman to go kill herself, cause they wouldn't pay for her cancer treatment, and the "evil" corporation that makes the medication heard about her story and decided to provide her cancer treatment for free.