11th Circuit Court Strikes Down Healthcare Individual Mandate

With the political contenders on the scene debating for the nation's future, groups rising up to reclaim American traditional values, and courts passing judgments that influence how we move forward, Americans are living in historical times.

This past week, the 11th Circuit Court of Appeals' decision to strike down the individual mandate in ObamaCare has once again expressed its unconstitutionality. For more details, see the press release from the Texas Public Policy Foundation:

Statement by Mario Loyola, Director of TPPF’s Center for Tenth Amendment Studies

On today’s 11^th U.S. Circuit Court of Appeals decision striking down the “individual mandate” of the Patient Protection & Affordable Care Act

“Today’s ruling in Florida v. HHS is a resounding victory for champions of limited government under the Constitution. The constitutional restraints on federal power have been eroding for the better part of a century, largely because the Supreme Court abdicated its role as guardian of those restraints during the New Deal. It is very heartening to see the federal judiciary now increasingly assertive in protecting the Constitution, just when Americans of all stripes are demanding a return to our founding principles.

“Because 26 states were plaintiffs in Florida v. HHS, this is arguably the most important challenge to the PPACA law. As such, we are particularly pleased with the 11^th Circuit’s emphatic defense of the federal structure of our Constitution. The court noted that when the federal government intervenes in any area of traditional state concern, such as health care, ‘a state is no longer permitted to tailor its policymaking goals to the specific needs of its citizenry. This is precisely why it is critical that courts preserve constitutional boundaries and ensure that Congress operates with the proper scope of its enumerated commerce power.’

“Our work is not done, however. Because the court allowed the rest of the PPACA to stand, America’s working families will see huge increases in health insurance premiums unless Congress repeals the law in its entirety.”

Mario Loyola is Director of the Center for Tenth Amendment Studies at the Texas Public Policy Foundation.

The Texas Public Policy Foundation is a non-profit, free-market research institute based in Austin.

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