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Federal Appeals Court Strikes Down Key Provision of Federal Health Care Law

 

United States Court of Appeals for the 11th Circuit sitting in Atlanta, Georgia upholds the United States District Court for the Northern District of Florida

 

“This decision by the Eleventh Circuit once again vindicates our position that the individual mandate imposed on Americans to purchase health insurance is unconstitutional.”

Attorney General J.B. Van Hollen

 

MADISON — This afternoon a federal appeals court in Atlanta issued its opinion holding that the individual mandate, a centerpiece of the Obama Administration’s health care law, is unconstitutional.  See State of Florida, et al. v. United States Department of Health & Human Services, et al., Case Nos. 11-11021 & 11-11067 (11th Cir. Aug. 12, 2011).  

 

Attorney General J.B. Van Hollen applauded the decision: “This decision by the Eleventh Circuit once again vindicates our position that the individual mandate imposed on Americans to purchase health insurance is unconstitutional. Congress and the Obama Administration overstepped their bounds when they enacted this unprecedented and unconstitutional law.”    

 

Granted authority to join the lawsuit by Governor Scott Walker on January 3, 2011, Wisconsin joined 25 other states challenging ObamaCare and its overreach into the regulation of health care, an area traditionally regulated at the state level.  Today’s opinion, jointly authored by Chief Judge Joel Dubina and Judge Frank Hull of the United States Court of Appeals for the Eleventh Circuit, concludes that Congress exceeded its authority under the federal constitution’s Commerce Clause and presumed (an) "…unprecedented exercise of congressional power," when it mandated that individuals must purchase health insurance. 

 

A copy of the decision is available at the following link:

 

2011 file: