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The Constitution Lives, Maybe!

 

The Constitution Lives, Maybe!

The Eleventh Circuit Court of Appeals has ruled that ObamaCare violates the Constitution, making the score at the appellate level one to one.  The Supreme Court is almost certain to address the issue, with a ruling likely next year.

As my Cato Institute colleague Ilya Shapiro writes:

By striking down the individual mandate, the Eleventh Circuit has reaffirmed that the Constitution places limits on the federal government’s power.  Congress can do a great many things under modern constitutional jurisprudence, but, as the court concludes, “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.”  Indeed, just because Congress can regulate the health insurance industry does not mean it can also require people to buy that industry’s products.

Let's just hope the Supreme Court agrees.


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