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11th Circuit strikes portion of health-care reform law

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The 11th Circuit Court of Appeals in Atlanta ruled on a challenge to the federal health-care law filed by numerous states, including Indiana, and found the federal mandate that individuals have to purchase health insurance or face a penalty to be unconstitutional.

Indiana Attorney General Greg Zoeller has argued that forcing people to buy insurance exceeded the limited authority of the federal government. In a statement released Aug. 12 by his office, he said the ruling brings the case one step closer to the United States Supreme Court.

The case that originated in federal court in Florida involves 26 states, two private individuals, and the National Federation of Independent Business as plaintiffs. The lower court also had ruled the individual mandate part of the law was unconstitutional.

This decision is opposite to what the 6th Circuit Court of Appeals found in a separate challenge to the law. That court ruled the requirement that people must have insurance or face a penalty is constitutional. There is another challenge to the law before the 4th Circuit Court of Appeals.

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  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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