DJP Update 8-12-2011 BIG DEAL: Individual Mandate unconstitutional per U.S. Ct Appeals 11th Circuit
Florida et al v. Dept. Of Health & Human Services et al
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For full opinion: as in my tweet tinyurl.com/3orgcde
or 11th Circuit listing of cases: http://www.ca11.uscourts.gov/opinions/index.php
BUT site appears to be overloaded with visits and difficult to get in at this moment.
But Dr. Art Fougner found this site that works and shows opinion: http://www.scribd.com/doc/62177323/Florida-et-al-v-Dept-Of-Health-Human-Services-et-al
Tip of the Hat to Dr. Fougner!
NOTE from DJP: in the majority opinion, it is stated that the individual mandate is a “regulatory penalty, not a revenue-raising tax, and cannot be sustained as an exercise of Congress’s power under the Taxing and Spending Clause.”…
“Further, the individual mandate exceeds Congress’s enumerated commerce power and is unconstitutional.”
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DJPNEWS Donald Palmisano
11th Cir Ct App rules indiv mandate #PPACA unconstit; 2 diff opinions 2 circuits = faster review by #SCOTUS op: tinyurl.com/3orgcde
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EXCERPT from POLITICO article below:
The 2-1 ruling marks the first time a judge appointed by a Democrat has voted to strike down the mandate. Judge Frank Hull, who was nominated by former President Bill Clinton, joined Chief Judge Joel Dubina, who was appointed by George H.W. Bush, to strike down the mandate.
Judge Stanley Marcus, in a dissenting opinion, said the mandate is constitutional. He was also appointed by Clinton.
The panel partially upheld a ruling issued in January by Judge Roger Vinson, who struck down the entire health reform law. However, the 11th Circuit said that the rest of the legislation can stand even if the mandate is unconstitutional.
Read more: http://www.politico.com/news/stories/0811/61218.html#ixzz1Uq4shFyL
Other sources of news commenting on case:
Atlanta Journal Constitution: http://blogs.ajc.com/kyle-wingfield/2011/08/12/11th-circuit-says-individual-mandate-is-unconstitutional/?cxntfid=blogs_kyle_wingfield
Chicago Sun-Times: http://www.suntimes.com/news/nation/7029434-418/federal-appeals-court-strikes-down-health-insurance-requirement.html
Avik Roy in FORBES: http://www.forbes.com/sites/aroy/2011/08/12/breaking-eleventh-circuit-rules-obamacares-individual-mandate-is-unconstitutional/
Politico: http://www.politico.com/news/stories/0811/61218.html
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And so it goes, in this great Land of Liberty. Remember my prediction of yesteryear. U.S. Supreme Court will rule PPACA unconstitutional by 5-4 or 5-3 vote if one recusal. Good risk management demands you plan accordingly for that possibility!
Onward and keep the faith! America will get it all sorted out by 2012.
Stay well.
Donald
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