A bad week for the White House got worse Friday
when a federal appeals court in Atlanta struck down the "individual mandate" portion of the Patient Protection and Affordable Care Act. Whatever else it portends, the 2-1 decision by a panel of the 11th U.S. Circuit Court of Appeals guarantees that the United States Supreme Court will have to resolve this legal dispute on its merits, probably by next spring.
Even if they want to, the justices in Washington won't be able to duck this one.
It took the 11th Circuit 304 pages to announce its findings and conclusions in Florida et al. v. Dept of Health and Human Services:
The "individual mandate" provision of the law, which requires the uninsured to buy health insurance, violates the Constitution
because it is beyond Congress' power to regulate such activity.
But other provisions of the new law, including its expansion of Medicaid coverage, which also were struck down by a Florida trial judge in January, are permissible.
In other words, as bad as this ruling may be for supporters of the Affordable Care Act, it could have been much worse.
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