Feds Want Healthcare Ruling Overturned

The 11th Circuit has been asked by the federal government to overturn Judge Roger Vinson’s ruling that the federal healthcare law, Obamacare, is unconstitutional.

The judges presiding over the case include one George H.W. Bush nominee and two Bill Clinton nominees. White House adviser Stephanie Cutter commented that the administration is “confident that the Affordable Care Act will be found constitutional.”

The government and administration are trying to argue that, under the Commerce Clause, the feds have the authority to force Americans to buy health insurance even if they don’t need it and don’t want it. Their argument is that:

“Individuals who choose to go without health insurance are actively making an economic decision that affects all of us. When people without insurance obtain health care they cannot pay for, those with insurance and taxpayers are often left to pick up the tab.”

So the solution for individual irresponsibility is collective punishment that is unconstitutional.  Per Heritage:

“A mandate requiring all individuals to purchase health insurance would be an unprecedented form of federal action. The government has never required people to buy any good or service as a condition of lawful residence in the United States. An individual mandate would have two features that, in combination, would make it unique. First, it would impose a duty on individuals as members of society. Second, it would require people to purchase a specific service that would be heavily regulated by the federal government.”

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