9/13/2011 - A Pennsylvania Federal Judge ruled the insurance mandate in Obamacare. Judge Conner said "The federal government, is one of limited enumerated powers, and Congress's efforts to remedy the ailing health care and health insurance markets must fit squarely within the boundaries of those powers." The power to regulate interstate commerce, Conner wrote, does not include the power to dictate a lifetime of buying health insurance.
The plantiff's are a married couple who dropped insurance coverage when the premium's exceeded their mortgage payments. Instead they decided to pay health care costs out of pocket.
This decision will likely be appealed to the 3rd Circuit Court of Appeals. Last week the 4th Circuit Court of Appeals threw out Virginia's challenge on technical grounds. The 11th Circuit Court of Appeals ruled the insurance mandate unconstitutional while the 6th Circuit Court of Appeals ruled the mandate constitutional.
Related Links:
Full Text Goudy-Bachman, et al. v. U.S. Department of Health and Human Services, et al. (pdf)
Philadelphia Inquirer - Pa federal judge rules against insurance mandate
