Thread: 11th Circuit Court of Appeals Rules Against Obama Healthcare Law

Originally Posted by FearandLoathing

this could as easily be overturned as upheld.

sadly they have been known to ignore the Constitution before but I suspect they will strike down the individual mandate and leave the rest to Congress.

Originally Posted by daddio

sadly they have been known to ignore the Constitution before but I suspect they will strike down the individual mandate and leave the rest to Congress.

That's the single most crucial aspect isn't it? The rest of it doesn't work unless everyone is involved....well, except those granted exemptions of course.

Originally Posted by tsquare

This is a big one folks...



Appeals court rules against Obama healthcare law | Reuters

This gets better and better... looks like the one and only thing Obama might have to brag on will be declared unconstitutional right in time for next year's election.

The best news I've heard in months. Yes the individual mandate will be declared unconstitutional by the SCOTUS while the rest of the law will probably stand but with out the mandate it's usesless.

Originally Posted by lutherf

I'm not following you. This is just the process that cases go through. A Federal case starts in a circuit court then goes through appeals before SCOTUS can consider it.

Ill quote you again.

I don't know when SCOTUS will get it but that's the one that will count.

So the other courts dont count? What is there purpose then?

Originally Posted by jviehe

Ill quote you again.



So the other courts dont count? What is there purpose then?

The Supreme Court may not take the case, there is no guarantee they will, however in this case there is no doubt they will. And it has been mentioned before that the Supreme Court should just take the case and get on with it. So I agree with you, all the lower courts in this case mean nothing, except it builds a consensus. And today's ruling, which one of the judges was a Clinton appointee voted it was unconstitutional. This puts a dark cloud over Obamacare in my opinion. And if I was Obama I would be more worried now than before, it does not look good.

Originally Posted by daddio

sadly they have been known to ignore the Constitution before but I suspect they will strike down the individual mandate and leave the rest to Congress.

I would not be surprised if the SCOTUS would not rule it ultra vires of the tenth amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

But then again I would not be surprised if they upheld the whole thing. With this court its a crap shoot

Originally Posted by jviehe

Ill quote you again.



So the other courts dont count? What is there purpose then?

The decisions by the lower courts DO count but in a situation like this it was inevitable that the case would reach the Supreme Court. All of the lower court decisions have an impact along the way but none were ever going to be a final determination.

It's kind of like a baseball game. All of the runs scored during the game count but it's only the last run scored which determines the winner.

Originally Posted by lutherf

It's kind of like a baseball game. All of the runs scored during the game count but it's only the last run scored which determines the winner.

Either you didn't think that through, or you don't understand how baseball is played.

It also misdescribes how the court system works, but it was a good try.

SCOTUS gets involved if the lower courts either can't agree on a decision or there's a reason to think the decisions made might be wrong. Which I'm sure is also a pretty butchered description of the process.