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Friday, August 12, 2011

As We All Anticipated

The judges sitting on the 11th Circuit Court of Appeals have taken a look at ObamaCare, then read over their Constitution, and decided the first defied the second.

There is hope for this country yet:
11th Circuit says mandate unconstitutional
By Jennifer Haberkorn, Politico

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.

The suit was brought by 26 states — nearly all led by Republican governors and attorneys general — and the National Federation of Independent Business. The Department of Justice is expected to appeal.

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. [link]
Good news indeed.

Virginia Attorney General Ken Cuccinelli had this response in a release to the press:
I am pleased that the Eleventh Circuit Court of Appeals found the individual insurance mandate and penalty unconstitutional.  The court determined that the power to force one citizen to purchase a good or service from another is outside the established outer limits of both the Commerce Clause and the Necessary and Proper Clause.  The court also ruled that although the president and Congress want to now call the penalty a tax to make it pass constitutional muster, the penalty cannot be sustained under the federal government's taxing authority because the penalty is clearly not a tax.

I congratulate our fellow attorneys general in this major victory, and although this court is not in our circuit, I am pleased that the judges ruled in favor of the two key arguments that are present in our Virginia suit.
And Pat Mullins, chairman of the Virginia Republican Party, added:
Today's ruling affirms what we have been saying all along: there are still limits on the power of the Federal government, and that the gulf between regulating economic activity and regulating economic inactivity is one too wide for Congress to cross in any constitutional manner.

This "unprecedented exercise of Congressional power," as the court called it, was an invasive, ill-advised attempt to rule individuals lives from Washington, D.C., founded in the hubris that government bureaucrats know how to run the lives of ordinary Americans better than they themselves do.

There is no exception in the Constitution for good intentions. The court's ruling is a victory for freedom, for limited government, and for each and ever Virginian.
We take a moment to savor this small victory.

Now, on to the Supreme Court, where anything is possible.

Finally, a message for Obama: We have not granted you this authority. So back off.