Strengthening Constitutional Self-Government

No Left Turns

Health Care

Mandating Supreme Court Review

This economic mandate represents a wholly novel and potentially unbounded assertion of congressional authority: the ability to compel Americans to purchase an expensive health insurance product they have elected not to buy, and to make them re-purchase that insurance product every month for their entire lives

So reads the majority opinion of a U.S. appeals court decision in Atlanta today, siding with 26 states by ruling unconstitutional Obamacare's individual mandate clause. Interestingly, the court did not overturn Obamacare as a whole, but held the individual mandate severable. This seems contrary to the wording (or omissions) of the law. Nonetheless, the ruling sets up a split on the federal circuit and almost ensures Supreme Court review.

The next Supreme Court term runs from October 2011 - June 2012. Obamacare is thus poised as a key issue for the 2012 election.

Categories > Health Care

Discussions - No Comments Yet

Leave a Comment

* denotes a required field
 

No TrackBacks
TrackBack URL: https://nlt.ashbrook.org/movabletype/mt-tb.cgi/16935


Warning: include(/srv/users/prod-php-nltashbrook/apps/prod-php-nltashbrook/public/sd/nlt-blog/_includes/promo-main.php): failed to open stream: No such file or directory in /srv/users/prod-php-nltashbrook/apps/prod-php-nltashbrook/public/2011/08/mandating-supreme-court-review.php on line 387

Warning: include(): Failed opening '/srv/users/prod-php-nltashbrook/apps/prod-php-nltashbrook/public/sd/nlt-blog/_includes/promo-main.php' for inclusion (include_path='.:/opt/sp/php7.2/lib/php') in /srv/users/prod-php-nltashbrook/apps/prod-php-nltashbrook/public/2011/08/mandating-supreme-court-review.php on line 387