Appeals Court rules Health Insurance Mandate Unconstitutional

8/2/2011

The 11th Circuit Court of Appeals has ruled that the Health Insurance Mandate in Obamacare is unconstitutional. Twenty-six States together argued that the Federal Government exceeded its power imposing the mandate. The Obama administration argued that the Federal Government has the power to require individuals to buy insurance under the Commerce Clause. The three judge panel split 2 to 1 on the decision. The majority opinion was jointly written by Judges Joel Dubina, appointed by President George H.W. Bush, and Frank Hull, appointed by President Bill Clinton, a Democrat.

This decision conflicts with the decision by the 6th Circuit Court of Appeals, which upheld the mandate, 2 to 1. The 4th Circuit has not yet ruled Virginia's separate challenge to the law. These conflicting decisions by appellate courts virtually guarantees one of the cases will go to the Supreme Court.

Eleventh Circuit’s Mandate Decision

Full text of Florida v. U.S. Dept. of HHS (pdf)

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Update as of 8/12/2011 on status of State action preserving freedom/resisting Obamacare

The Governors of Florida and Alaska have decided to not enforce any mandates, taxes, or implement anything in Obamacare. http://www.blogger.com/img/blank.gif

Nine States have passed Healthcare Freedom Amendments or laws to prohibit governments from forcing citizens to buy health insurance.

Ohio and Florida Citizens will vote this fall (November 2011) on Healthcare Freedom Amendments. *Many more states are in various stages of passing their own Healthcare Freedom laws. The Tenth Amendment Center has Healthcare Freedom Act Legislative Tracking. The National Conference of State Legislatures also compiled state actions challenging Obamacare.

Nov 2011 Update: Two thirds of Ohio voters voted FOR the Healthcare Freedom Amendment, which forbids the Obamacare Individual Mandate. The Florida Amendment to ban the Obamacare individual mandate will be voted on Nov 2012.

Twenty-seven states have joined in challenging Obamacare in the Federal Courts.

Ohio to vote on Obamacare

8/2/2011 - This fall voters in the swing state of Ohio will vote on the individual mandate in Obamacare. If passed, the Ohio constitution would ban any government from requiring health insurance. Arizona, Oklahoma, and Missouri have already passed similar legislation amending their state constitutions. However Ohio would represent the first state that Obama carried to include this in their constitution. This would complicate Obama's efforts to carry Ohio in 2012.


Real Clear Politics - Health Care Vote Highlights Obama's Challenge in Ohio
New American - Ohioans to Vote on Nullifying ObamaCare’s Individual Mandate