Wednesday, August 17, 2011 Eleventh Circuit Court of Appeals court struck down national health insurance requirementThe Atlantic Business News reported on August 13, 2011 that a federal appeals panel's ruling struck down the centerpiece of President Barack Obama's health care overhaul. Briefly, the Judges commented that the U.S. Congress overstepped its authority when they passed the requirement that Americans carry health insurance — or face tax penalties.
While the Justice Department can ask the full court of the 11th Circuit to review the ruling, more likely the Justice Department will bring the question of whether Americans can be required to buy health insurance to the U.S. Supreme Court.
The panel’s decision wasn’t a total surprise. During oral arguments each of the three judges repeatedly raised questions about the health care overhaul and expressed unease with the insurance requirement.
Each judge raised concerns if upholding the landmark law could open the door to Congress to adopt other sweeping economic mandates.
~Jonathan S. Frank
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