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"Individual Mandate" Unconsitutional
Rest In Peace
The cornerstone of Obamacare just got yanked out from under the law by a three judge panel of the 11th Circuit Court of Appeals in Atlanta. While not going so far as to rule the entire law unconstitutional as Judge Vinson had done, it struck a major blow to Obama's signature legislation. The very legislation he concentrated on while the economy we are now experiencing slowly boiled to a head and to think it bears his name..
Obviously this will now be heading to the US Supreme Court. The sooner the better. The law is even more unpopular now with the American public than it was when Initially shoved down our throats. Why? Because we're "seeing what is in it" and even today more things are being revealed as to the hidden costs contained therein which the American tax payer is expected to bear. It was a bad idea when Obama was pushing for it and it's still a bad idea today. Rest easy. It appears that Congress can't make us buy and eat our broccoli either.
What the decision said basically is that Congress exceeded its authority granted by the Constitution in requiring a citizen to buy insurance or be taxed for not doing so. I remember Obama claiming during the process that it wasn't a tax. Then after all the court challenges started his Justice Department contended it was a tax and Congress had the power to tax. I reckon they couldn't find any other justification for the federal government to require anyone to buy anything.
The majority opinion put it this way, "This economic mandate represents a wholly novel and potentially unbounded assertion of congressional authority." It definitely leaves the door wide open to make the American public slaves to the buying whims of any Congress. The court found that many of the objectives of the law were admirable but making it a requirement to purchase it or else wasn't on the playing field anymore.
This was the suit that the 26 states filed to challenge the law. A previous appeal in the Circuit Court of Cincinnati let it stand so the SCOTUS will have the last say. That is exactly what the Obama administration doesn't want to happen. The timing doesn't look good for this administration as it struggles with having made a soup sandwich out of the economy and Obama showing the nation what a weak, inexperienced leader he is. He spent 18 months wasting precious time with this socialistic nonsense when he, and his Democratic majority in both Houses of Congress, kept mouthing the words, "Jobs are our #1 priority!" The only jobs they're worrying about right now are their own.
The NFIB (National Federation of Independent Business) was the only private organization which joined the 26 states in the suit. They are happy campers about the decision. Karen Harned, executive director of NFIB'S legal center proclaimed, "Small-business owners across the country have been vindicated by the 11th Circuit's ruling that the individual mandate in the health-care law is unconstitutional. The court reaffirmed what small businesses already knew - there are limits to Congress' power. And the individual mandate, which compels every American to buy health insurance or pay a fine, is a bridge too far."
Great movie "A Bridge Too Far" but this law never played well on Main Street. Hey Obama! Grab your shovel son. We're about to bury your first born signature piece of legislation in life. Without the individual mandate, read:other people's money, this whole house of cards will collapse.