8/12/2011

Democratic Clinton Appeals Court Judge rules that a key provision of last year's federal health-care overhaul is unconstitutional

Unfortunately, the entire health care law wasn't struck down. It used to be that unless the law had a severability clause the whole law would be struck down.

The U.S. Court of Appeals for the 11th Circuit ruled that Congress exceeded its constitutional powers when it required individuals to purchase health insurance or pay a penalty.

"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," Judges Joel Dubina and Frank Hull said in a jointly written 207-page opinion.

Judge Dubina is a George H.W. Bush appointee, while Judge Hull was appointed by Bill Clinton. . . .

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