11th Circuit Rules Mandate Unconstitutional – But Keeps Rest of PPACA

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From the Wall Street Journal:

A divided U.S. appeals court in Atlanta ruled Friday that a key provision of last year’s federal health-care overhaul is unconstitutional, siding with a group of 26 states that challenged the law.

The 2-1 ruling marks the Obama administration’s biggest defeat to date in the multifront legal battle over the health-care law.

The U.S. Court of Appeals for the 11th Circuit ruled that Congress exceeded its constitutional powers when it required individuals to purchase health insurance or pay a penalty.

The decision affirmed part of a January ruling by U.S. District Judge Roger Vinson of Florida, who ruled the health-insurance mandate unconstitutional.

The appeals court, however, overturned the portion of Judge Vinson’s decision that voided the entire health-care law. The court said the unconstitutional insurance mandate could be severed from the rest of the law, with other provisions remaining “legally operative.”

Read full story at:
http://online.wsj.com/article/SB10001424053111904006104576504383685080762.html

Read decision at:
http://www.scribd.com/doc/62177323/Florida-et-al-v-Dept-Of-Health-Human-Services-et-al