8/13/2011

Copy of 11th Circuit Court Decision striking down individual mandate in STATE OF FLORIDA v. US Dept of Health and Human Services

A copy of the decision is available here. This is a tough decision.

Further, the individual mandate exceeds Congress’s enumerated commerce power and is unconstitutional. 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. We have not found any generally applicable, judicially enforceable limiting principle that would permit us to uphold the mandate without obliterating the boundaries inherent in the system of enumerated congressional powers. “Uniqueness” is not a constitutional principle in any antecedent Supreme Court decision. The individual mandate also finds no refuge in the aggregation doctrine, for decisions to abstain from the purchase of a product or service, whatever their cumulative effect, lack a sufficient nexus to commerce.


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2 Comments:

Blogger ibrahim shami said...

thx man 4 the post XD

8/13/2011 3:26 PM  
Blogger Chas said...

Markie Marxist sez: "That's a ridiculous ruling! Everybody knows that we Marxists own people, which is exactly why we act like it all the time. Obviously, the court had no understanding whatsoever of the principles inherent in totalitarianism! They are NOT good communists! Comrade President Obama will have to send them to the gulag when he gets the chance, after he takes this to the Supreme Court and gets it reversed. We Marxists DO own everybody in America, and we can do whatever we want with them! The US Constitution is merely a decorative artifact and tourist attraction! Ha! Ha! All your America are belong to us, and you'll buy whatever we tell you to buy, or it's the gulag for you! Ha! Ha!"

8/14/2011 6:31 PM  

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