Court rejects health-law mandate

Split decision a blow to Obama; U.S. Supreme Court appeal likely
By AP, McClatchy News Service, Journal Sentinel staff
Aug. 12, 2011

Atlanta - A federal appeals panel struck down the centerpiece of President Barack Obama's sweeping health care overhaul Friday, moving the argument over whether Americans can be required to buy health insurance a step closer to the U.S. Supreme Court.

The divided three-judge panel of the 11th Circuit Court of Appeals concluded that Congress overstepped its authority when lawmakers passed the so-called individual mandate, the first such decision by a federal appeals court. It is a stinging blow to Obama's signature legislative achievement, as most experts agree that the requirement that Americans carry health insurance - or face tax penalties - is the foundation for other parts of the law.

Chief Judge Joel Dubina and Circuit Judge Frank Hull found in a 207-page opinion that lawmakers cannot require residents to "enter into contracts with private insurance companies for the purchase of an expensive product from the time they are born until the time they die." the rest