Today a panel of the 11th Circuit Court in Atlanta, GA ruled that the individual mandate provision of the 2010 health care law is unconstitutional. The 2-1 decision did not overturn the entire law but found that the insurance mandate is unconstitutional. This is the first appellate court to rule that Obamacare exceeds Congress’s authority under the commerce clause.
This ruling is in the 26 state suit against Obamacare which is led by Florida Attorney General Pam Bondi. A Florida judge overturned the entire health care law earlier this year, prompting the Obama administration to appeal to the 11th Circuit.
Virginia’s case is before the 4th Circuit Court in Richmond. The case was heard in May but no ruling has been issued yet.
Virginia AG Ken Cuccinelli responded to the ruling:
I congratulate our fellow attorneys general in this major victory, and although this court is not in our circuit, I am pleased that the judges ruled in favor of the two key arguments that are present in our Virginia suit.
Florida Attorney General Pam Bondi also responded (Reuters):
Today we have prevailed in preventing Congress from infringing on the individual liberty protected by the U.S. Constitution,
The 6th Circuit in Cincinnati, OH, has upheld the constitutionality of the individual mandate. With the 6th and 11th Circuit rulings clearly conflicting, the stage is set for the Supreme Court to take up the case next year.
