US Appeals Court Rules Against Health Law Mandate

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If the health care legislation is struck down by the Courts there will be no way for President Obama to bring back a modified form with this Congress.

By THE ASSOCIATED PRESS

ATLANTA (AP) - A federal appeals court panel on Friday struck down the requirement in President Barack Obama's health care overhaul package that virtually all Americans must carry health insurance or face penalties.
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The decision, penned by Chief Judge Joel Dubina and Circuit Judge Frank Hull, found that "the individual mandate contained in the Act exceeds Congress's enumerated commerce power."

"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," the opinion said.

Circuit Judge Stanley Marcus said in a lengthy dissent that the majority ignored the "undeniable fact that Congress' commerce power has grown exponentially over the past two centuries, and is now generally accepted as having afforded Congress the authority to create rules regulating large areas of our national economy."