The 11th Circuit has found the individual mandate in Obamacare unconstitutional. I agree with the decision. If the idea of enumerated powers and a government with Art I limits on its powers is to remain meaningful, this has to be done. Lower courts have split about 50/50 on this. This will be the big case for the 2011-2012 term.
Showing posts with label commerce clause. Show all posts
Showing posts with label commerce clause. Show all posts
Intresting lawsuit from Montana on limiting federal gun control
Interesting lawsuit from Montana. Existing precedents favor the feds, but I hope this one gets to the Supreme Court.
ObamaCare passes 6th Circuit Review
The U.S. Court of Appeals for the Sixth Circuit upholds Obamacare and finds no constitutional commerce clause problems in the individual mandate to obtain medical insurance. Based on existing precedent, this is probably the proper result. The Supreme Court is going to have to shoot down a number of existing precedents (e.g. Wickard v. Fillburn) to invalidate the law. Supreme Court here we come.
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