Appeals Court Declares Individual Mandate in Obamacare Unconstitutional
The 11th Circuit Court of Appeals in Atlanta declared Friday that part of the federal overhaul of health care is unconstitutional.
The decision differs slightly from an earlier decision made by a Pensacola federal judge, who said that because the "individual mandate" portion of the law -- which requires individuals to obtain health care insurance or face penalties or fines -- was so intrinsic to the rest of the law, the entire law should be deemed unconstitutional. Friday's decision simply declared the individual mandate unconstitutional, but left the rest of the law intact.
Florida is joined by 25 other states in the lawsuit, as well as the National Federation of Independent Businesses, a small-business advocacy group.
Small-business owners across the country have been vindicated by the11th Circuits ruling that the individual mandate in the health-care law is unconstitutional.The court reaffirmed what small businesses already knew there are limits to Congresss power. And the individual mandate, which compels every American to buy health insurance or pay a fine, is a bridge too far. We were hopeful that the court would take the extra step and find, not only that the individual mandate is unconstitutional, but that it cannot be severed from the law. Still, todays ruling is a true victory for all Americans because it respects the constitutional limits of Congresss power over all Americans. It will be incumbent on the Supreme Court to determine the ultimate future of the health care law. We look forward to the opportunity to present our case to the court," said Karen Harned, executive director of NFIB's Small Business Legal Center.
More reaction and story to follow.
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