It was the first appellate review to find the provision unconstitutional — a previous federal appeals court upheld the law — and some lawyers said that the decision made it more likely that the fate of the health care law would ultimately be decided by the Supreme Court.
The court found that Congress exceeded its powers to regulate commerce when it decided to require people to buy health insurance, a provision of the health care law known as the “individual mandate.” But the court held that while that provision was unconstitutional, the rest of the wide-ranging law could stand.
A 2-to-1 majority ruled that the mandate was beyond Congress’s power under the Commerce Clause of the Constitution, writing that “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 11th Circuit case may have been the most closely watched of the health law cases wending their ways through the courts, in part because its plaintiffs included Republican governors and attorneys general from 26 states. But it was just the second of at least three appellate reviews. The Obama administration prevailed in the first round in June, when the individual mandate was found to be constitutional by the United States Court of Appeals for the Sixth Circuit, in Cincinnati. The next opinion is expected shortly from the Fourth Circuit in Richmond, Va.
Supporters and opponents of the law, known as the Affordable Care Act, expect that the Supreme Court will eventually decide the issue. Some lawyers said the fact that the Atlanta court created a conflict among courts of appeals made it more likely that the Supreme Court would hear the case as early as its next term, which starts in October.
The Health care overhaul is a controversial topic, and it seems many feel it's unconstitutional.
The 11th Circuit Court of Appeals struck down Obama's mandate on Friday, August 12th . 26 states sued to block the law since he announced his plan.
Some folks say they welcome the healthcare proposal while others say they're not for it.
"I think the idea behind it is a good thing but I think it should be more of a if you're sick you can walk into a hospital and get the treatment you need, and it shouldn't cost you anything if that's what you're going for," said Tallahassee Resident Matt Baker.
So far, three federal judges have upheld the law, and two have invalidated it. The U.S. Supreme Court will have the final say.
A federal appeals court has struck down the requirement in President Barack Obama's health care overhaul package that virtually all Americans must carry health insurance or face penalties.
A divided three-judge panel of the 11th Circuit Court of Appeals
on Friday struck down the so-called individual mandate, siding with
26 states that had sued to block the law.
But the decision didn't go as far as a lower court that had
invalidated the entire overhaul as unconstitutional.
The states and other critics say the law violates people's
rights. The Justice Department counters that the legislative branch
was exercising a "quintessential" power.
An appeals court and three federal judges have upheld the law,
and two have invalidated it. Experts say the debate ultimately will
be decided by the U.S. Supreme Court.
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