published Tuesday, August 16th, 2011

Appeals court deals serious blow to ObamaCare

In a strong rebuke to the Obama-Care socialized medicine law enacted by Democrats in Congress last year, a federal appeals court has rightly struck down the most alarming provision of the law.

A panel of the 11th U.S. Circuit Court of Appeals in Atlanta declared in a 2-1 ruling that Congress has no constitutional authority to force virtually all Americans to purchase government-approved medical insurance or be penalized.

The appeals court majority seemed almost stunned that lawmakers and President Barack Obama would have believed they had the power to impose such a requirement.

The court hearkened back to the painful days of the Great Depression and World War II, when, the judges noted, "Congress never sought to require the purchase of wheat or war bonds, force a higher savings rate or greater consumption of American goods."

The judges said that regulation of those who choose to purchase insurance may be permitted, but that Congress has no authority to regulate people who "have not entered the insurance market and have no intention of doing so."

Simply put, ObamaCare's requirement that Americans buy insurance "exceeds Congress's enumerated commerce powers," the ruling stated. It added, "What Congress cannot do under the Commerce Clause is mandate that individuals enter into contracts with private insurance companies for the purchase of an expensive product from the time they are born until the time they die."

Unfortunately, this ruling does not settle the matter. Though a majority of the states have joined lawsuits to have the law struck down, there have been other court rulings, both for and against it. It will undoubtedly wind up in the U.S. Supreme Court.

We do not know whether a majority of the Supreme Court justices may uphold or strike down ObamaCare, in whole or in part. But under our Constitution, the federal government does not have the power to order Americans to purchase health insurance, however sensible it may be to have it.

Therefore, we believe the Supreme Court would be correct to rule Obama-Care unconstitutional.

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librul said...

Just another unnecessary crisis caused by intransigent republicans who denied the people a public option after their corporate masters in insurance and pharma yanked their leashes and threatened to withhold their campaign funding "treats".

August 16, 2011 at 9:03 a.m.
Livn4life said...

Lib, IF and we know it's a big IF, the federal government could be trusted on the "option" part of UNIVERSALOBAMAGOVERNEMENTHANDOUTVOTEBUYING HealthCare, it might be worth considering. But anyone with any part of a brain knows how private insurance will be regulated out of business and we have seen over and over and over again what happens when the government monopolizes parts of individual's lives which they should never touch. It is not pretty. It amazes me your approach when I consider the abortion issue where you and your crew say "hands off" to the government. So at least an appellate court sees the danger and damage which would be caused by this part of the ridiculous law. I just wonder what else "we have to find out" since it has been passed, using Pelosi's sad testimonial. But by golly, I guess WE WILL when it all kicks in and we realize what was allowed to happen because of out of control government.

August 16, 2011 at 9:21 a.m.
Rickaroo said...

The government "option" part if health care has been with us for decades. It's called Medicare. And it has worked extremely well. Medicare for all would be the most sensible way to go. Health insurance should not be treated as a commodity anyway and has no business even being in the private sector. Health care is not just a right; it is a necessity if we are to have a strong and prosperous nation.

L4L says: "we have seen over and over and over again what happens when the government monopolizes parts of individual's lives which they should never touch." This statement makes no sense at all. My mother has had Medicare for over 20 years and is in good health today because of it. She would have died years ago without it. Tell me how the government has "monopolized" her life in any way? Not once, ever, has she (nor anyone else I know on Medicare) had any kind of government intrusion between her and her doctors.

You anti-government delusionals crack me up. You whine about how big bad government takes away our individual freedom and has no business in health care but you turn a blind eye to the millions of people who have been screwed over by the private insurance companies. But that doesn't matter to you. As long as you've got yours, to hell with anybody else, right?

August 16, 2011 at 12:40 p.m.

A wise ruling.


you don't have to be a Republican to believe that bad things will come if this isn't stopped. If it's allowed to stand, what's next, everyone will be forced to purchase a certain amount of vegetables every week or face a fine or more?

August 16, 2011 at 12:40 p.m.
acerigger said...

blondebutnotdumb(?) have you ever considered therapy for your paranoia?

August 16, 2011 at 1:32 p.m.

Oh, please, Acerigger, don't spoil my lunch! Paranoia, no, just a healthy understanding and knowledge of what governments are capable of. Goverments are composed of people, and people love to push other people around. The flood gates will open if that mandate stands. Back to work!

August 16, 2011 at 1:56 p.m.

She's no dumb blonde. You're no ace, ace. You're pretty darn naive, though.

August 16, 2011 at 2:05 p.m.
talkthetalk911 said...

One i would ask why she has been on medicare for years? did she work her entire life and pay into the system ? if so..good! you talk about the millions who have been messed over by private companies. what about the "millions" that have been saved by private insurance? what about the ones who have been denied certain medical services under medicare. look at Canada for instance with mandated insurance. they cross the border to come to America for treatment due to the type care, and extrememly long wait periods. The libral out look is such a double standard for the most part that can easily be picked apart. The Constitution was written for the limited power and intrusion by the government and yes, when the govenment starts mandating then we do loose certain freedoms. there is no arguing that. i sometimes wonder about things? how can certain librals be "pro choice" but willing die to protect and endangered species? off subject but just part of the double standard. Lib for life i ask you this...since more and more people are not paying into the system, how are these mandates going to be funded? oh yeah...close the corp. loop holes for the wealthy and raise their taxes.oh the rewards for hard work and becoming successful.

August 16, 2011 at 2:37 p.m.
fairmon said...

How many commenting on the wisdom of the affordable health care act (AHCA) have actually read the bill instead of getting bits and pieces from some slanted article or some politicians opinion that hasn't read the bill? Who understands why millions are getting waivers, including the state of Nevada plus two other states and several unions, which allows them to shift more cost to those without waivers? Shock and awe as it is implimented wll be an understatement.

Universal health care may be appropriate but this bill is not the way to do it. Allowing everyone to participate in medicare with experienced based premiums adjusted annually to pay for it would work.

August 16, 2011 at 6:40 p.m.
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