The states’ lawsuit against Obamacare took a turn before the Eleventh Circuit Court of Appeals in Atlanta this week. Florida has joined 25 other states and the National Federation of Independent Business in filing the lawsuit. The primary issue is whether the law’s mandate that all Americans purchase health insurance, or pay a fine, is within the constitutional powers of Congress to regulate commerce.
In Atlanta, the three-judge panel hearing the case consisted of Judges Hull and Marcus, both appointed by President Clinton, and Judge Dubina, appointed by President George W. Bush.
Until this point, lower court rulings appear to have been made along partisan lines, with four federal district judges, appointed by Democratic presidents, upholding the law’s constitutionality, and two appointed by Republican presidents, ruling the law is unconstitutional.
Over 30 individuals and organizations have filed lawsuits against Obamacare since it was enacted in March of 2010. Approximately 1400 waivers have been granted, thus far, by the Department of Health and Human Services (HHS), to companies, unions, and other entities which stated they were unable to meet the law’s annual limit requirements.
Recently, the Daily Caller discovered that power had never actually been granted to HHS to administer waivers from the law’s requirements. It was learned that HHS “gave itself the power last summer using a broad interpretation of certain parts of the law.”
Guess Congressman Alcee Hastings (D-FL) had it right…