From the Reuters Newswire yesterday the 11th Circuit appears to get “most” of it.
The U.S. Appeals Court for the 11th Circuit, based in Atlanta, ruled 2 to 1 that Congress exceeded its authority by requiring Americans to buy coverage, but it unanimously reversed a lower court decision that threw out the entire law.
The legality of the individual mandate, a cornerstone of the healthcare law, is widely expected to be decided by the U.S. Supreme Court. Opponents have argued that without the mandate, which goes into effect in 2014, the entire law falls.
The law, adopted by Congress in 2010 after a bruising battle, is expected to be a major political issue in the 2012 elections as Obama seeks another term. All the major Republican presidential candidates have opposed it.
Obama has championed the individual mandate as a major accomplishment of his presidency and as a way to try to slow the soaring costs of healthcare while expanding coverage to the more than 30 million Americans without it.
The White House voiced confidence the law would be upheld. "We strongly disagree with this decision and we are confident it will not stand," Obama aide Stephanie Cutter said in a statement.
Because it conflicts with another appeals court ruling that upheld the law, the Supreme Court is expected to take it up during its term that begins in October with a ruling possible just months before the November 2012 presidential election.
Legal experts said it was impossible to predict how the high court will rule but agreed that it may be a close vote by nine ideologically divided justices, with moderate conservative Justice Anthony Kennedy as the possible swing vote.
SPLIT DECISION
Twenty-six states together had challenged the mandate, arguing that Congress had exceeded its authority by imposing such a requirement. But the Obama administration had argued it was legal under the Commerce Clause of the U.S. Constitution.
A federal judge in Florida sided with the states and struck down the entire law, leading the administration to appeal.
A divided three-judge panel of the 11th Circuit found that it did not pass muster under that clause or under the power of Congress to tax. The administration has said the penalty for not buying healthcare coverage is akin to a tax.
"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 repurchase that insurance product every month for their entire lives," the majority said in its 207-page opinion.
That opinion was jointly written by Judges Joel Dubina, who was appointed to the appeals court by Republican President George H.W. Bush, and by Frank Hull, who was appointed by President Bill Clinton, a Democrat.-----end of citation-----
In other court news, the Supreme Court of Ohio slapped down Rothenberg vs. Husted wherein a challenge was filed against certain Healthcare Freedom Amendment petitions because they were :1) partially completed ;2) erroneously listed payers as employers. The Court determined that the (my paraphrase) complaint addressed minute issues that had no bearing on the validity of the signatures that were submitted. Therefore, the signatures, as validated by local boards, could be included in the total necessary for placement on the ballot. Good news for the good guys.
Congress is on recess, and the Vacationer-in-Chief is at Martha’s Vineyard, so a lot of our action this week is court-based. Here’s another one. The Libertarian Party of Ohio filed suit in Federal Court in the Southern District of Ohio, LPO vs Husted, case #2:11-722. Basically, the suit challenges certain provisions of HB 194 regarding ballot-access requirements for political parties. I urge you to go to www.lpo.org . The story about the suit is on the front page. HB 194 now has two challenges pending. The other is the requirement for picture I.D.
Moving from the suffocating atmosphere of the courts, we now merrily trip into the silliness of Presidential politics. Eight GOP hopefuls stood shoulder-to-shoulder in Ames, IA Thursday night and suffered through inane journalist questions, a lack of ample time to present a case and the “buzz” created by Rick Perry and Sarah Palin. No striking winners….no “shot-the-wad” losers. On Friday I got the distinct impression that some folks fear the Ron Paul campaign may be gaining momentum. Limbaugh and Levin both tore into Congressman Paul re: his statements on Iran. I don’t listen to Hannity, but I assume as a good little lap dog, he probably followed suit.
Tuesday’s radio show will feature Michael Johnston, Vice Chair and Political Director of the Libertarian Party of Ohio, as he brings us up to speed on their lawsuit in Federal Court versus Secretary Husted and HB 194. Tuesday, 16 August, 6:00-7:00pm, 1370 WSPD. www.wspd.com for those who like streaming.
Enjoy the remainder of the weekend.
Comment: cearlwriting@hotmail.com or www.littlestuff-minoosha.blogspot.com
No comments:
Post a Comment