11th Circuit Strikes Down ObamaCare Individual Mandate

Doctors / others rally in Washington, DC in 2009
Against Obabacare - AFP Article

The Washington Post: Summary - A federal appeals court has struck down the requirement in President Obama's health care overhaul package that virtually all Americans must carry health insurance or face penalties. A divided three-judge panel of the 11th Circuit Court of Appeals on Friday struck down the so-called individual mandate, siding with 26 states that had sued to block the law.

Congressman Tim Griffin (R-AR-02) issued the following statement: “I welcome today's ruling that strikes down the individual mandate provision, the cornerstone of President Obama's health care law. The Court reached the same conclusion as many Arkansans: ObamaCare is unconstitutional at its core and invalid. We need health care reform but not this sort of reform. ObamaCare is a job-killer, and that's one reason why my colleagues and I in the House passed a bill repealing it. The Senate should do the same and work with us to replace it with market-based health care reform that increases access, lowers costs, limits government, promotes job creation and, above all, is Constitutional.”

Arkansas Lieutenant Governor Mark A. Darr (R) released the following statement: "I am pleased with the 11th Circuit's ruling, which found that Congress exceeded its authority by requiring Americans to buy coverage for healthcare. I, along with 70% of Arkansans, feel that President Obama's Healthcare Reform Act is unconstitutional. I am hopeful that the 8th Circuit Court of Appeals, in which I recently filed an amicus brief regarding this same issue, will reach the same conclusion. As a small business owner, I fully understand the ramifications of this law and what it will do to hinder job creation in this state. "

U.S. Senator Orrin Hatch (R-UT), a former Chairman and current member of the Senate Judiciary Committee: “Today’s ruling is a victory for both personal liberty and the U.S. Constitution. Never before has the federal government forced the American people to purchase something they do not want. The decision by the 11th Circuit is a strong step forward in restoring the American people’s choice.” [Hatch was the first U.S. senator to publicly state that the individual insurance mandate is unconstitutional.]

U.S. Senate Republican Leader Mitch McConnell (R-KY): I welcome the 11th Circuit's ruling against the individual mandate. Forcing Americans to buy health insurance approved by the government was an unprecedented, unwelcome, and unconstitutional expansion of federal power, and today's decision only strengthens and adds more momentum to the efforts of those of us who are working to repeal it.

Forty four (44) Senators had filed an amicus brief May 11th, 2011 with the 11th Circuit Court of Appeals on behalf of the bipartisan, multi-state challenge to the Democrats’ health spending law. They were: Sen. Lamar Alexander (R-TN), Sen. Kelly Ayotte (R-NH), Sen. John Barrasso (R-WY), Sen. Roy Blunt (R-MO), Sen. John Boozman (R-AR), Sen. Richard Burr (R-NC), Sen. Saxby Chambliss (R-GA), Sen. Daniel Coats (R-IN), Sen. Tom Coburn (R-OK), Sen. Thad Cochran (R-MS), Sen. Susan Collins (R-ME), Sen. Bob Corker (R-TN), Sen. John Cornyn (R-TX), Sen.  Mike Crapo (R-ID), Sen. Jim DeMint (R-SC), Sen. Michael Enzi (R-WY), Sen. Chuck Grassley (R-IA), Sen. Orrin Hatch (R-UT), Sen. Dean Heller (R-NV), Sen. John Hoeven (R-ND), Sen. Kay Bailey Hutchison (R-TX), Sen. James Inhofe (R-OK), Sen. Johnny Isakson (R-GA), Sen. Mike Johanns (R-NE), Sen. Ron Johnson (R-WI), Sen. Mark Kirk (R-IL), Sen. Jon Kyl (R-AZ), Sen. Mike Lee (R-UT), Sen. Richard Lugar (R-IN), Sen. John McCain (R-AZ), Sen. Mitch McConnell (R-KY), Sen. Jerry Moran (R-KS), Sen. Lisa Murkowski (R-AK), Sen. Rand Paul (R-KY), Sen. Rob Portman (R-OH), Sen. James Risch (R-ID), Sen. Pat Roberts (R-KS), Sen. Marco Rubio (R-FL), Sen. Richard Shelby (R-AL), Sen. Olympia Snowe (R-ME), Sen. John Thune (R-SD), Sen. Pat Toomey (R-PA), Sen. David Vitter (R-LA), Sen. Roger Wicker (R-MS).

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