The Appeals Court for the 11th circuit ruled today that the individual mandate which is the central clause for the healthcare law pushed through Congress and the Senate by Obama, Pelosi, and Reid last year, violates the Constitution. A three-judge panel decided that “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.”
The Congress has exceeded its authority granted to it by the Constitution, is the conclusion of the ruling. The three judges expressed their concerns that upholding the individual mandate would allow Congress to introduce other economic laws that will centralize economic power even more in the hands of bureaucrats in Washington.
This decision contradicts the decision of the Appeals Court for the 6th Circuit which declared the individual mandate to be constitutional.
After the passing of the law – which came to be know as “Obamacare” – through secret deals, intimidation of representatives, and other immoral means, the legislative war between the proponents and the opponents of the law that came to be known as “Obamacare” has now become judicial, where judges of different political persuasions issue conflicting decisions. The resolution, apparently, will be in the hands of the Supreme Court. An appeal has already been filed.
Another solution may be in the hands of the next President and Congress after 2012. A repeal of the law would signal that Washington is beginning to realize the necessity of curbing the growing power of the central government. Individual states have already challenged the law, both in courts and through their legislatures.