Obamacare ruled unconstitutional by 11th Circuit Court

Congratulations are due the 26 state attorneys general who successfully appealed Obamacare to the 11th Circuit Court in Atlanta, which ruled the individual mandate requiring citizens of the United States to purchase insurance from birth until death was unconstitutional.

So far, federal judges in Florida and Virginia have ruled against the Obamacare, while judges in Michigan and Virginia have upheld it. It is almost inevitable now that the Supreme Court will hear the challenge to ObamaCare prior to the election, even though cases are still pending.

“The individual mandate was enacted as a regulatory penalty, not a revenue-raising tax, and is therefore unconstitutional,” wrote Chief Judge of the 11th Circuit, Joel Dubina.

“This economic mandate represents a wholly novel and potential 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.”

If Congress can force individuals to buy health insurance, then Congress can force individuals to buy stocks and bonds to prop up Wall Street, or American-made automobiles to prop up Detroit.

Come to think of it, didn’t Bush bail out Wall Street and Obama bail out Government Motors (GM) and Chrysler – with our money? Looks like the government has already found a way to force us to buy stuff, whether they use the Commerce Clause or not!



  1. So, when is this going to the Supreme Court?

  2. truth hurts

    I agree wih snuss.

    There are too many cases going around with decisions on both sides of the issue. Also given that one of them is the 9th circut court of appeals and they have been overturne more times than a mattress only muddies the waters.

    The liberals have already started their campain of wining, brow beating, shouting down, namecalling, ect (example applesause) that I wish it could be fast tracked to the supreme court so this can be put to rest.

    I find it funny (in a dark humor way) that if our congress had listened to THE PEOPLE that this legislation was UNWANTED (as demonstrated by ever poll out there at the time) instead of the LIBERAL MACHINE we would not be in this mess in the first place.

    Obama and the liberals need to know the rest of the country does not run like chicago.

    • Ted Biondo

      SNuss and truth hurts, I think you both bring up an issue with the Supreme Court that begs the question – How come the Warren Court was able to sometime go down to the Appellate Courts to rule on issues, and if I recall even went to federal district courts to pick up issues that they wanted to legislate around Congress? They were very aggressive in picking cases even if there were not different decisions in the Appellate courts to resolve.

      It may be because the Warren Court had many more liberal judges and could do so without fear of represals from some of its members. Today’s Supreme Court has 4 Conservative and 4 Liberals and Judge Kennedy whose decision really sets the majority on certain issues that come before the court. We may have to wait until this October for the court to consider the case and it may be until next year before a decision is rendered.

      I don’t think the 9th Circuit Appellate Court has ruled on this issue.

  3. We shouldn’t mandate someone buy a pass for the Fair if they don’t want to go, but if they want to get in then they have to pay. If someone is perfectly healthy, chooses not to go to a doctor and never goes to the emcy room, then they shouldn’t be forced into buying it. BUT, if they even enter a hospital or doctors office, they MUST sign up for some sort of plan IMMEDIATELY or be turned away. I am firmly against another free service. Nobody owes the uninsured or illegals free hospital or emcy care. I think the bigger issue is why all the exemptions for the Unions. Why is Obama letting them all run away from his system that is suppose to save them money? Because it is just a welfare system.

    • Ted Biondo

      Juice, I think that before anyone goes to the hospital or doctor’s office, that they already have a plan. Who in private insurance would sell someone a policy if they have some expensive procedure coming up. If they don’t have a plan, the rest of the taxpayers shouldn’t be forced to pay for it at all.

      The patient should ultimately be responsible for the bill or would have to go to a free or low cost clinic so provided by a private charity as I did when I was a kid. The government didn’t provide anything, It’s not their constitutional duty to take other citizen’s money and spend it on others. Too many people, including the 50% who don’t pay federal income taxes, think they are entitled to rights that don’t exist under the Constitution.

      The American people should feel a need to contribute to charitable institutions, clinics and I have done so and continue to do so. But to force people who are not so inclined to charitable works, is to lose the freedom that many have fought and died for!

      Obama is giving waivers to his friends because this is a lousy system, will cost tons more money and is about control and ultimately rationing of health care.

  4. truth hurts: Tell us more, please, about the ruling from the 9th Circuit Court of Appeals on the health-care law.

    Really. I’d be very interested to hear about that — especially since I can’t find any ruling from that court on the matter.

    Perhaps your sources are better than mine.

  5. Ted: How do the government bailouts of GM and Chrysler “force us to buy stuff” from those companies? Nobody has forced me to buy a GM or Chrysler product. I drive a Toyota. I have a large extended family, and out of the dozens of cars owned by my relatives, I can think of only one that’s a product made by GM or Chrysler. Our freedom of choice has not been affected in the least by the bailouts of GM and Chrysler.

  6. On second thought, the last sentence of my previous comment is incorrect. The government bailouts of GM and Chrysler have given us more freedom of choice as to what kind of cars we can buy.

    • Ted Biondo

      Pat, the “stuff” we are forced to buy is Government Motors’ debt, not their cars. GM lied when they said they had paid back the bailout money that Obama gave them; They still owe taxpayers Billions. See the link:


      Excerpts: Uncle Sam gave GM $49.5 billion last summer in aid to finance its bankruptcy. (If it hadn’t, the company, which couldn’t raise this kind of money from private lenders, would have been forced into liquidation, its assets sold for scrap.)

      Because a loan of such a huge amount would have been politically controversial, the Obama administration handed GM only $6.7 billion as a pure loan. (It asked for only a 7% interest rate–a very sweet deal considering that GM bonds at that time were trading below junk level.) The vast bulk of the bailout money was transferred to GM through the purchase of 60.8% equity stake in the company–arguably an even worse deal for taxpayers than the loan, given that the equity position requires them to bear the risk of the investment without any guaranteed return.

      But when Mr. Whitacre says GM has paid back the bailout money in full, he means not the entire $49.5 billion–the loan and the equity. In fact, he avoids all mention of that figure in his column. He means only the $6.7 billion loan amount.

      But wait! Even that’s not the full story given that GM, which has not yet broken even, much less turned a profit, can’t pay even this puny amount from its own earnings.

      Read the rest of the article from Forbes Magazine – it’s damn interesting and shows what happens with the deals to save the jobs of those who will eventually support your reelection. It happens with both parties but that’s how the taxpayers keep footing other people’s bills.

  7. Ted, please stop confusing Pat with facts and logic.

    On another note, I see that Gov. Jello, as the Tribune’s John Kass calls him, has decided to throw 43,000 Illinois seniors under the bus. See: http://www.chicagotribune.com/health/ct-met-seniors-drug-20110814,0,1738375.story

    I thought all you Liberals were SO compassionate and tolerant, and it was only conservatives that supposedly did stuff like this. I guess that 3% tax increase just wasn’t enough to satisfy the Left’s new spending agenda, and leave anything for these seniors, and the businesses that have yet to be paid.

    • Ted Biondo

      snuss – yes those Liberals are soooooooo considerate. Wait until you see what happens with rationing and Obamacare if you think this is something bad. Some of the elderly simply starve while in hospital in Great Britian’s NHS when they aren’t fed for long periods because staff isn’t available.

      Here’s one of the doctors stating the facts.

      ONE of Britain’s most senior doctors has claimed thousands of hospital patients are “starving” because nurses are too busy to feed them.

      Professor Paul Goddard a former radiology section president of the Royal Society of Medicine, launched a scathing attack on the way the health service is being run, saying money is being wasted on management and bureaucracy. he says,”NHS (in Britain) National Health Service is in “meltdown” and claimed medics refused to speak up for fear of being sacked.”

      Prof Goddard said in a radio interview: “Thousands of patients have been starving in beds because the nurses do not have time to feed them.”
      and at the Telegraph – http://www.telegraph.co.uk/news/uknews/1574609/Patients-left-to-starve-on-NHS-wards.html

      and here – http://winteryknight.wordpress.com/2011/07/12/nhs-refuses-to-treat-woman-who-is-starving-to-death/

      Real compassionate system isn’t it?

  8. truth hurts

    I owe Ted and applesause an apology.
    I thought I had read the 9th circuit court of appeals (which is still the most overturned court) had ruled on in. I have been mistaken.

    I am human and can make a mistake.

    Funny that is the ONLY thing applesause commented on and not my points.

    Whats that say?

    • Ted Biondo

      truth hurts – you don’t owe anyone an apology. The 9th Circuit Appellate court is one of the most overturned courts if not the most overtuirned court in the country because they are a bunch of left wing nuts, to copy a phrase. Funny about people I debate on the blog – they miss the points I’m making all the time!

  9. The article Snuss linked to above illustrates an important point about the way government “works”. The first cuts to be made (and taxes to be increased) will always come at the expense of the least well connected people. While the state is cutting medical care for poor seniors, funding for Peotone and the Dept. of Commerce continue rolling along. Not to mention public employee benefits far above and beyond anything offered in the private sector.
    Then, a false choice will be offered– “raise taxes again or none of these seniors will be able to get their medication”. Those who oppose the tax increases will be portrayed as greedy and heartless people who want to “throw grandma off a cliff”. And the well connected who run the state just sit back, smile, and watch the money roll in.
    The fact that he challenged this cozy system is the reason that Scott Walker is so despised by the powers that be in his state. He actually asked something of the affluent and well-connected! The gall!!!!
    Even after only a couple of months, some who opposed his reforms are grudgingly admitting their success:


    Of course, the rulers here in Illinois don’t have to worry about such insolence. The residents of Madiganistan will gladly pay and pay and pay and pay to keep their betters in the lifestyle to which they’ve become accustomed.

    If this is what we are seeing at the state level, imagine what awaits us if Obamacare goes into effect nationally.

  10. “Our freedom of choice has not been affected in the least by the bailouts of GM and Chrysler.”
    My freedom to choose? I had no choice in the bailout, which really was a means to keep the union dues flowing to the DNC. How much of that money flowed to the jerks in Wisconsin?

    We have all this debt and we see the fruits of this administration.

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