August 12, 2011

11th Circuit opines for individual freedom

Via the AP:

A federal appeals court panel on Friday struck down the requirement in President Barack Obama's health care overhaul package that virtually all Americans must carry health insurance or face penalties.

The divided three-judge panel of the 11th Circuit Court of Appeals struck down the so-called individual mandate, which is considered the centerpiece of the law, siding with 26 states that had sued to block the law.

The decision, penned by Chief Judge Joel Dubina and Circuit Judge Frank Hull, found that "the individual mandate contained in the Act exceeds Congress's enumerated commerce power."

"What Congress cannot do under the Commerce Clause is mandate that individuals enter into contracts with private insurance companies for the purchase of an expensive product from the time they are born until the time they die," the opinion said.

Which makes perfect sense. That is, to anyone concerned with personal freedom. And I thought "progressives" were all about that ... or is that only for stuff like getting rid your unborn child?


Posted by Hube at August 12, 2011 03:08 PM | TrackBack

Comments  (We reserve the right to edit and/or delete any comments. If your comment is blocked or won't post, e-mail us and we'll post it for you.)

They could have found other things about it that were unconstitutional if they had looked hard enough. For example, mandating than an insurance company has to cover a "child" of an insured parent(s) up to the age of twenty-six. What right does the government have to tell a business what kind of benefits they have to offer a customer? But this is a damn good first step, so I guess I shouldn't bitch.

Posted by: ThePaganTemple at August 12, 2011 05:58 PM

Orin Kerr, former clerk for Assoc Justic=e Kennedy , predicts Obamacare will be found constitutional by the SCOTUS

http://www.scotusblog.com/2011/08/affordable-care-act-predictions/

Hope he is wrong. Other wisse the next GOP Congress and Republican President will make it null and void !

Posted by: Fred Gregory at August 12, 2011 07:08 PM

He's probably figuring Kennedy for the swing vote to the left.

Posted by: ThePaganTemple at August 12, 2011 08:07 PM

Actually he is also counting Roberts. Read the link

Posted by: Fred Gregory at August 13, 2011 01:08 PM