11th Circuit Appeals Court Mandates Healthcare Unconstitutional

Last year we received the devastating news that President Barack Obama’s new Healthcare plan had passed through Congress and then through the Senate. Some of you may have even watched it live on television, I know I did . . . Today, nearly a year and half later, a Unites States Appeals Court in Georgia deemed it unconstitutional to mandate President Obama’s Healthcare plan.

For some, this new healthcare plan was an effort to provide medical care for all United States citizens. However, it was forcing Americans to purchase a health insurance plan against their will and in violation of the United States Constitution. This healthcare plan, that citizens would be forced to pay into, could cover: contraception, chemical and surgical abortion, along with risky wording regarding “end of life care” (Physician Assisted Suicide and Euthanasia). Whether you do or do not obtain services such as contraception and abortion you would have to pay for an expensive plan that covers them. Even if you’re satisfied with the health insurance you currently have, there is a strong likelihood it would not be available to you because the prices would significantly increase, or your employer would drop his employee health care plan in exchange for the Federally funded plan.

The Georgia Appeals Court is made up of three judges: 2 democrat and 1 republican. Despite President Obama insisting that mandating his healthcare plan was constitutional, even his own democratic party said otherwise. The 11th Circuit Court clearly stated:

the individual mandate contained in the Act exceeds Congress’s enumerated commerce power. This conclusion is limited in scope. The power that Congress has wielded via the Commerce Clause for the life of this country remains undiminished. Congress may regulate commercial actors. It may forbid certain commercial activity. It may enact hundreds of new laws and federally-funded programs, as it has elected to do in this massive 975- page Act. But what Congress cannot do under the Commerce Clause is mandate that individuals enter into contracts with private insurance companies for the purchase of an expensive product from the time they are born until the time they die.

It cannot be denied that the individual mandate is an unprecedented exercise of congressional power. As the CBO observed, Congress “has never required people to buy any good or service as a condition of lawful residence in the United States.” CBO MANDATE MEMO, supra p.115, at 1. 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.

Here we go to the Supreme Court!

Your thoughts?

Standing In Defence of the Voiceless,

Timmerie Millington

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