(Image source: Wikimedia Commons)

 

BY: STEVEN SPARKMAN

 

A federal appeals court has ruled against a key part of the health care reform law -- the individual mandate. CNN has more.

 

“Well, now this court has said this provision is unconstitutional -- that Americans cannot be forced to purchase a product like medical coverage. So it really throws into chaos the future of this legislation that was passed last year and signed by President Obama." 

 

The majority opinion from the 11th Circuit Court of Appeals said Congress overstepped its power -- granted in the commerce clause -- by forcing Americans to make a costly purchase. But a writer for The Hill notes the mandate has gone through the appeals process before -- and came out unscathed.

 

“The Obama administration is now 1-1 in federal appeals courts. The 26-state suit was appealed from Florida, where a district court judge not only ruled against the mandate, but also said the entire healthcare law is unconstitutional because its other provisions can’t be separated from the coverage requirement." 

 

Unlike the Florida court, this appeals court stopped short of scrapping the whole law, saying only the individual mandate was unconstitutional. But an analyst on Fox News says -- the mandate is such a key part of the law, it will force a Supreme Court battle.

 

“The Justice Department is fighting that issue, and the Obama administration will, too. Because, as you’re pointing out, it’s a critical part of the health care bill. You have to have enough people buying in to be able to afford the policy for everyone to begin with. So this is likely -- Because you’re seeing different appeals courts decide in different ways, this is very likely going to end up with the Supreme Court." 

 

A writer for the Washington Post says there are few options for lawmakers moving forward. Congress could either repair, repeal or do nothing at all.

 

“If Congress neither repeals nor repairs the law, it will simply limp along, covering fewer people at a higher cost. ... The irony of this outcome is that the law would look more like Obama’s campaign proposal, which did not include an individual mandate." 

 

Presently, there are two other appeals courts considering the health care law that have yet to weigh in.

Politics News: Insurance Mandate

Health Insurance Mandate Ruled Unconstitutional

August 12, 2011
(2:07)
The 11th Circuit Court of Appeals ruled the mandate to buy health insurance unconstitutional. Analysts say - it's headed to the Supreme Court.
   
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