Eleventh Circuit Court Of Appeals: ObamaCare's Individual Mandate Is UnconstitutionalAug. 12, 2011
Funny how August, supposedly the slowest of all months for news, can gobsmack you in the face with a flying hammer full of headlines, and on a Friday of all things. In fact, there is a fair amount of state news today, as well as our open house last night, that we wanted to write about today. But that will wait to next week. For now, it's all about ObamaCare and the Eleventh Circuit Court of Appeals' ruling today that the linchpin of ObamaCare — the individual mandate (i.e., the government forcing citizens to buy a product) — is unconstitutional, and some observations. Here's a good first look analysis by Bryan Preston of Pajamas Media.com. » The court seems to indicate that the rest of the law is constitutional. However, without the funding the forced purchases and penalties provide, there is no way the law can be funded (unless President Obama takes us trillions further in debt). But as far as the mandate, the court used phrases such as "unbounded assertion of congressional authority" and called its reach "breathtaking in scope," going further even than opponents had in their arguments.
» It's interesting that the 11th Circuit came to its decision this quickly: The 4th Circuit, known as the "Rocket Docket," heard the Virginia challenge earlier and still has not released its decision.
»The 11th Circuit's 2-1, 304-page decision apparently says the individual mandate is unconstitutional but the other parts may be constitutional. Judge Roger Vinson, the Federal District Court Judge in Florida, on whose opinion the appeal was based, ruled the entire law was unconstitutional. After all, the law has no severability clause which stipulates that if any part of a bill is ruled unconstitutional, then the remaining parts will remain in place. Without that clause, once the 11th Circuit ruled the individual mandate unconstitutional, the entire law must be ruled unconstitutional. But, we'll take this major decision for now.
» The three judge panel was made up of one Bill Clinton appointee, one George W. Bush appointee, and one Clinton appointee who was appointed to the Federal District bench by Ronald Reagan.
» Here is a key sentence from Judge Vinson that the 11th Circuit upheld today:
The individual mandate exceeds Congress’ commerce power, as it is understood, defined, and applied in the existing Supreme Court case law.
» Where are Eliot Spitzer and all the liberals who mocked the intelligence of all state Attorneys General for filing suit against ObamaCare, saying that they had no chance and it clearly is constitutional? This is now at least the third federal court to rule it unconstitutional, including the Federal District Court for Eastern Virginia (Judge Henry Hudson). Where are all the leftist activists who yelled that these legal actions were "a waste of time and tax dollars"? Isn't it nice to stay quiet and let them eat crow when the time comes?
» Kyle Wingfield of the Atlanta Journal-Constitution has good information on the decision and is updating it frequently. He provides this nugget from the 304-page ruling,as legal analysts continue to pour through the lengthy document.
It cannot be denied that the individual mandate is an unprecedented exercise of congressional power. … Never before has Congress sought to regulate commerce by compelling non-market participants to enter into commerce so that Congress may regulate them. The statutory language of the mandate is not tied to health care consumption — past, present, or in the future. Rather, the mandate is to buy insurance now and forever. The individual mandate does not wait for market entry.
» David Rivkin, the attorney hired by the more than two dozen attorneys general to argue — and who won — the multi-state lawsuit in Federal District Court in Florida, issued this news release. The former Reagan administration attorney, and one of America's top legal minds on a myriad of disciplines, said the ruling is a major victory for ObamaCare opponents and that the court's decision confirms almost verbatim his original argument in a series of editorials dating from August of 2009. He has been correct on this matter consistently, and recently laid out on SCOTUSBlog.com how and why ObamaCare will get struck down in the U.S. Supreme Court. From his release:
The Court has made clear that it will vindicate federalism against encroachment by either the federal government or the state. [It] has consistently held that there must be some areas of life, even where there may be some remote economic impact, that constitutionally remain within the States’ regulatory authority alone.
» Governor Bob McDonnell issued this statement:
I am pleased by today’s decision. The 11th Circuit Court of Appeals has correctly determined that the Commerce Clause provides no constitutional basis for a mandate that citizens must purchase a specific commercial product or face a penalty. The individual mandate provision . . . represents an unprecedented expansion of federal authority. In issuing their ruling, the court's majority wrote that, "the individual mandate was enacted as a regulatory penalty, not a revenue-raising tax, and cannot be sustained as an exercise of Congress's power under the Taxing and Spending Clause." It is clearly in direct contrast to the limited powers granted to our national government by the Constitution.
The decision by the 11th Circuit is similar to the prior district court ruling on Virginia's challenge to the federal healthcare law. ... this issue must be heard in an expedited manner by the Supreme Court of the United States. The Department of Justice has resisted all prior requests to fast track this issue to the nation's highest court. That is disappointing and I again urge the Department of Justice to call for expedited review. This law will impact every American. Regardless of where one stands on the policy and constitutional questions at hand, all should at least be able to agree on the need for certainty, finality and uniform application of the law throughout the country.
» Attorney General Ken Cuccinelli issued this statement:
I am pleased that the Eleventh Circuit Court of Appeals found the individual insurance mandate and penalty unconstitutional. The court determined that the power to force one citizen to purchase a good or service from another is outside the established outer limits of both the Commerce Clause and the Necessary and Proper Clause. The court also ruled that although the president and Congress want to now call the penalty a tax to make it pass constitutional muster, the penalty cannot be sustained under the federal government's taxing authority because the penalty is clearly not a tax.
I congratulate our fellow attorneys general in this major victory, and although this court is not in our circuit, I am pleased that the judges ruled in favor of the two key arguments that are present in our Virginia suit.
Virginia Obamacare Law Suit To Be Heard Monday MorningOct. 15, 2010
Virginia's law suit against the new health care law — known officially as "Commonwealth of Virginia, Ex Rel. Kenneth T. Cuccinelli, II vs. Kathleen Sebelius, Civil No. 3:10CV188, Motion Hearing" — will proceed Monday morning at 9:00 in Judge Henry Hudson's Richmond courtroom. The hearing is on the heels of yesterday's decision by Federal District Judge Roger Vinson in Florida to allow the 20 State Law Suit to proceed as well (21StateLawsuit.com). While that case is behind the Eastern District of Virginia's famous "Rocket Docket," and is where the Virginia case stood about a month ago, the fact that the weight of 21 states now are at full trial over the constitutionality of Obamacare was welcome news to Attoreny General Cuccinelli (Washington Post Virginia Politics Blog). We will be there in the courtroom Monday (or, most likely, in a satellite room with a video feed), and provide our impressions later in the day (electronic equipment is not permitted in the courtroom). So please check in with us. We also hope to be at any post hearing news conference the attorney general may hold, just as we were after the hearing on the federal government's motion to dismiss in July. We were the only media anywhere to post video of the entire news conference (see it here, as relevant points to Monday's hearing were discussed).
We expect Attorney General Cuccinelli will be on several television interview shows throughout Monday afternoon and evening, so there will be plenty of opportunity to hear straight from the source. In the meantime, here's a video of a speech he made at a freedom rally in D.C. last month:
Getting his day in court. More precisely, the people getting their day in court against the government's unprecedented power grab over individual liberty.