Atlanta Court Rules Health Care Reform Mandate Unconstitutional
Written by Steven Rivera on August 26, 2011 – 5:16 pmThe 11th Circuit U.S. Court of Appeals in Atlanta issued a ruling last week that the mandate in the health care reform law that requires all adults purchase health insurance is unconstitutional. The ruling came months after the Obama administration appealed a previous ruling in hopes of garnering support from judges to support the law.
Reform Mandate Unconstitutional, Law as a Whole Stands
According to the ruling issued by the Atlanta court of appeals, the mandate that requires Americans to purchase health insurance or face penalties is unconstitutional. The panel ended their decision divided 2-1 with the majority deciding that it is an improper exercise of federal authority to force insurance coverage on citizens.
The court, like others that have ruled against the reform law, in part or in whole, say that the individual provision exceeds Congress power to regulate interstate commerce. In this case, the Atlanta court believes the remainder of the law is fair and should stand.
White House Responds to Ruling
After the ruling was issued on Friday, Stephanie Cutter, Assistant to the President and Deputy Senior Advisor responded in a White House communique. She stated the unconstitutional ruling, in the White Houses opinion, was incorrect.
Those who claim this provision exceeds Congress’ power to regulate interstate commerce are incorrect. Individuals who choose to go without health insurance are making an economic decision that affects all of uswhen people without insurance obtain health care they cannot pay for, those with insurance and taxpayers are often left to pick up the tab, Cutter said.
She went on to state that the ruling is merely one of many decisions on the Affordable Care Act and wont be the last. In the end, we are confident the Act will ultimately be upheld as constitutional.
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Tags: Care Reform, Health Care, Health Care Reform, Mandate
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