11th Circuit Appeals Court Finds Obamacare Unconstitutional …Update: White House Disagrees

An appeals court in Atlanta ruled that Obamacare was unconstitutional and that the government cannot force Americans to buy the democrat’s healthcare insurance plan.
Reuters reported, via Free Republic:

An appeals court ruled on Friday that President Barack Obama’s healthcare law requiring Americans to buy healthcare insurance or face a penalty was unconstitutional, a blow to the White House.

The Appeals Court for the 11th Circuit, based in Atlanta, found that Congress exceeded its authority by requiring Americans to buy coverage, but also ruled that the rest of the wide-ranging law could remain in effect.

The legality of the so-called individual mandate, a cornerstone of the healthcare law, is widely expected to be decided by the U.S. Supreme Court. The Obama administration has defended the provision as constitutional.

Here is the opinion.

UPDATE: The Obama White House disagreed with today’s ruling.
The AP reported:

Obama adviser Stephanie Cutter says the White House strongly disagrees with an appeals court ruling Friday that struck down the insurance requirement at the center of a law.

She says the White House is confident that ruling will not stand.

Cutter notes on the White House blog that four other courts, including a different appeals court, has upheld the law.

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  • MAJ Mike

    Somebody send a messenger to the golf course and tell THE WON.

  • rbosque

    America 1
    Marxists 0

  • MVH

    Actually, [d]Ear Leader must be throwing a tantrum and breaking his golf clubs just about now

  • The Tonester

    Next up…The Supremes!

  • Mark1957

    Obozo’s bad week continues, hahahahahahahahaha.

  • Gideon Reed

    I can say with some degree of comfort, that in the last 65 or so years I have NEVER responded well towards those who attempted to force me to something that I simply did not want to do; no less purchase something, I do not want to purchase.
    I can be a VERY stubborn bugger, though.

  • flyoverland

    Obamacare downgraded by court.

  • mamagriz68

    I just want to know how they can declare the individual mandate unconstitutional and say the rest is still in effect when the mandate is not severable from the rest of the law? If one part is unconstitutional, the whole thing is.

  • Stephana

    Hey, the judge panel was mostly appointed by libtard demonrats, so they lose that argument also!

  • Conservative Ken

    I worry about the Supreme Court Decision.

  • kay

    too bad we’ve started implementing the tentacles of the other 99% of this stupid law.

  • befuddled

    The government can’t tell me to shut up and eat my peas. Notify her majesty,the big caboose, and her husband– he will either be on the beach or the golf course laser focused on jobs.

    Liberalism isn’t dead. I only kicked him in the balls.

  • forest

    “Conservative Ken commented:

    I worry about the Supreme Court Decision.”

    Me too, but going in on the winning end helps. A Democrat appointee even voted the right way this time. And this case brought by the 26 states is apparently the strongest one going. I don’t see how a fairly reasonable judge like Kennedy could rule that Congress has full command economy powers under the Commerce Clause, but I’ve been surprised before.

  • befuddled

    The liberal judges are scared that it could just as easily swing the other way. The commerce clause could be used to make it mandatory for everyone to carry a gun, a bible,and the constitution. That’s the real horror.

  • Pray for the continued health, safety and security of the 4 sane and 1 semi-sane SCOTUS Justices — If any retire or ‘has an accident’……

    Kenny Solomon
    Israel Survival Updates
    The American Survival Guide


    soon to be over turned in 3…….2…….1……

    wait until some liberal POS judge rules on it then it will all be back to where it was…only way this will ever done away with is repub/tea president and the entire house and senate…all repubs/tea will get it thrown out then we can smash that big gavel right on nazi pelosi’s face

  • Patty

    Sounds like the Constitution of the U. S. wins one. Now, this whole thing needs to be repealed.

    The cost are astronomical and there will be more pain than healthful gains in this pretentious Obama care. Somehow the word care he is dishing out these days seems to be making Americans sick.

    The man is so pretentious and it seems he signed something that will end up biting him.

    But not to worry he has the best Health care money can offer.

  • Molon Labe

    My dog knows more about the Constitution than at least four of the judges, and probably five of the creatures sitting in this court. Every time they make a decision I imagine them throwing darts at a decision board rather than any wisdom or research.

    We are ruled by five people of uncertain intelligence, questionable character, and dubvious judgement.

  • RedBeard

    Since the entire disaster of Obamacare hinges on the individual mandate, this decision is hugely important.

  • We Read the bill, Nanzi

    Luxury Vacation reading, the 2 weeks the American people won’t mind, while the country burns.

  • baracky oBama

    lol…What is this “Constitution” you speak of?


  • Old Fan

    Change strikes again.

    The Democratic Party could care less about the Constitution or this fine Democracy.

    They only care about themselves, and have made a nightmare once again.

    CARTER Malaise returns along with the Clinton Malfeasance.

    DNC Titanic sinking all.

  • I wrote here about the minority opinion. In my opinion, the minority opinion is why we’re in the constitutional mess we’re in.

  • Mark1957


  • Francesca

    Hope! Maybe there is hope after all.

  • Jim, you missed the most crucial pull quote:

    This is the part that should scare all of us. It is this unbridled power grab that has been going on for two centuries that is EXACTLY what is wrong with the government.

    “One of the three judges of the appeals court panel, Stanley Marcus, agreed with the administration in dissenting from the majority opinion.

    The majority “has ignored the undeniable fact that Congress’ commerce power has grown exponentially over the past two centuries and is now generally accepted [that doesn’t make it legal, Activist Dufus Marcus] as having afforded Congress the authority to create rules regulating large areas of our national economy,” Marcus wrote.”

    “Undeniable fact”, yes, “generally accepted”, maybe, but it is still LAWLESS and needs to be stopped.

  • Militant Conservative

    SCOTUS Kagen will have to recuse herself.

    Slam dunk!

    Powder is dry

  • Conservative Ken

    White House disagrees. Dang! That Constitution is one hell of a speed bump on the way to Socialism.

  • George

    Oh darn. I was so looking forward to being forced to buy health insurance through a government run bureaucracy!

  • Stephana

    Little whiney barry the constitutional scholar who knows nothing of the constitution is going to cry!

  • kansas

    Even if the ruling stands Obama and the Democrats will ignore it.

  • hermie

    Kagan will not recuse herself. That was the whole point of appointing her and Sotomayor to the SCOTUS: To vote for every Obama/Kagan scheme no matter what.

    You think that a liberal like Kagan would actually show any sense of ethics and recuse herself? Liberals never do. They always come up with some justification not to obey the law or live by an established code of ethics, especially when it comes to their pet causes.

  • PAT09

    How can the rest of the law be constitutional as ruled by the Judge??????? The law was passed by deeming it a “budget neutral” and thus eligible for reconciliation……… without the taxpayer mandate it is no longer budget neutral and thus was passed fraudulently….. oh, never mind, it NEVER was budget neutral and was always going to cost tons of money, that was just a way to fool We the People as the end justified the means…………..

  • obamasucks

    ‘The next interesting question is what now? I think that the Obama administration has been too clever by half in trying to delay federal court review of the healthcare law. I think that it is inevitable that the Supreme Court will step in, and do so during a time when the President will not want to remind voters of this unpopular, expensive, bloated, bureaucratic power grab. Two of the biggest red flags for Supreme Court intervention are now flying (take it from someone who, as a law clerk there, had the job of sorting through hundreds of petitions to find cases suitable for review at the High Court): a lower federal court has struck down an Act of Congress, and there is a split between the federal courts on a question of federal law. Not only is the individual mandate now unconstitutional in the southeastern United States, but the Eleventh Circuit’s decision is in direct conflict with the decision of the Sixth Circuit, which upheld Obamacare a few months back. And while the Obama administration can seek review at the “en banc” level, meaning before all of the judges of the Eleventh Circuit rather than just a panel of three judges (as in today’s decision), I think it likely the en banc court will not have a mind to overrule their brethren, meaning that the next step would be the Supreme Court, and right during the 2012 election cycle.’


  • rabble-rouser

    bye bye Barry, don’t let door hit ya where the good Lord split ya.

  • Looks like President Barney Fife just shot himself in the foot again.

  • Joanne

    The Whitehouse is the Court of the land…..don’t yah know.

  • myohmy

    But..but..what about the union?

  • TaxedPayer

    #26: PRECISELY. Decades of horrible precedent are not acceptable basis for this incredible power grab and suppression of American liberty. What boggles my mind is that ANY judge can, with a straight face, call this constitutional. The constitution is a pretty simple document and this is out of bounds for the federal government (but then so is social security, regulatory agencies, and 90% of what the federal government currently undertakes)…

  • Major Kong

    I suppose this means the Tea Party has now terrorized the 11th Circuit Court of Appeals, no?

  • bobdog

    I suspect that the White House has been watching The Pelican Brief again.

  • Here is a working link for the Opinion http://t.co/R8FEXCT

  • tarpon

    Our commie kid isn’t doing so well.

  • donh

    Your weekly Friday afternoon Downgrade is becoming a trend Mr Obama.

  • Major Kong

    I’ll bet THE SMARTEST PEOPLE IN THE WHOLE WORLD rapidly convened after this setback and are formulating their next audacious, profound counter move. I’m thinking the scene looks something like this:


  • StrangernFiction

    What boggles my mind is that ANY judge can, with a straight face, call this constitutional.

    It’s very easy to understand. They are the enemy.

  • tommy mc donnell

    i’m not surprised that a judge would find obamacare constitutional. the court has been the greatest instrument in the growth of the power of the central government. it has been the left’s number one weapon in the fight to take freedom away the american people.

  • Hedgehog

    Obamacare is a pigs breakfast. Only the vermin who wrote it know what is in it, and I doubt that there is any one of them who actually knows all that is in it. It is designed to be a “framework” that they can build upon in future. And the ultimate goal is to reduce expenditures on healthcare by eliminating the number of recipients of healthcare. That’s a two fer, because it will also reduce the number of recipients of Social Security. First they create a crisis, then they solve it. Simple when you have absolutely no regard for human life.

  • BarbaAZ

    News of the obama care mandate debacle reaches the WH.

    Jay Carney addressing all 39 czars assembled in the oval office.: “Quick to the bat cave!”

    Czars: “What bat cave? We have a bat cave?”

    Carney: “Don’t question me, you took the exam. Now here put on these capes.”

    Cass Sunstein: “Uh, they’re all black. I want a red one.”

    Carney: “The Precedent wanted the red one. He’s waiting for us. Hurry! Come on! Follow me!”

    Carney pushes button under oval office desk. Rug lifts and exposes secret stairwell leading below.

    Carney leads the Czars as they all descend the darkened stairs, jostling each other: “Ugh, somebody stepped on my cape. ARGGH, this thing is choking me and smells like dog doo. Made in China, right? Quit pushing! UMph! Bam! Harumph. Phsst. Get your foot off my briefcase. I can’t see anything. Move! Why is it so dark? Ooof. Who touched me? Why are we wearing these freakin’ capes?”

    Carney: “Okay here we are at last! Mr. Precedent, we are all here, as you requested, should Obamacare be threatened! We are ready to hear your plan of attack.”

    The Precedent: ” Turn on some uh, light. I can’t make out what the teleprompter is saying. There that’s better. Uh, oh yes, “We have been arrogant, dismissive and divisive….” Nooooo! That’s not the plan. Uh Oh, Jay, who set up the tellie? Who?!!? Not again! I told you not to let Holder come down here!”

    Fade to a WTF circle shining in the night sky above the WH.

    Child looking up at the sky: “Mommy, What does that funny circle mean?”

    “It means someone is playing with the WH spotlights again, honey……”

  • Alana

    The White House statement says:

    “Without the individual responsibility provision, people could wait until they’re sick or injured to apply for coverage since insurance companies could no longer say no or charge more. That would lead to double digit premiums increases – up to 20% – for everyone in the individual insurance market.

    “By bringing everyone into the health insurance system, we can not only lower costs for everyone but also finally ban discrimination against individuals with pre-existing conditions.”

    And that’s all it says, in defense.

    In other words, it doesn’t matter if it’s unconstitutional, as long as we have a pragmatic reason for doing it.

  • Pingback: 11th Circuit Appeals Court Finds Obamacare Unconstitutional | Liberal Whoppers()

  • Redwine

    The WH can object all it wants. This is the 3rd ruling that Obamacare is unconstitutional.

  • wth

    Oh darn. I was so looking forward to that 3000% reduction in my health care cost.

  • squeaky

    [[[Leahy said, “We have plenty of authority. Are you saying there is no authority? … Why would you say there is no authority? I mean, there’s no question there’s authority. Nobody questions that…]]]
    by way of free republic – sen leahy and congressional power [from 10/09]
    and a ot – some unions upset that the dem convention will be held in a right to work state.
    i guess chicago’s event was just a precursor. the number you dialed has been disconnected……..

  • Pingback: Obamacare: 11th Circuit Court of Appeals Strikes Down Obama’s Individual Mandate as Unconstitutional | Scared Monkeys()

  • paul52

    Didn’t hear a peep of this on ABC news, but Sawyer had time to call Sarah Palin “a Tasmanian devil”. Priorities.

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