Court of Appeals finds ObamaCare individual mandate unconstitutional

Thomas Lifson
A second federal circuit court of appeals has spoken in the ObamaCare case, the one brought by 26 states. A split three judge panel for the Atlanta-based 11th Citcuit has found the individual mandate unconstitutional, but leaves the rest of the law intact, though crippled and financially not viable. Jennifer Haberkorn of Politico: 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.  This ruling all but guarantees  that the Supreme Court will review the case, as  the 6th Circuit Court of Appeals upheld the mandate in a similar suit six weeks ago. Reuters quotes the decision "This economic mandate represents a wholly novel and...(Read Full Post)

COMMENTS ON AMERICANTHINKER