The passage of Obamacare in the wee hours of the morning on Christmas Eve 2009, is now wending its way slowly but predictably through the courts of appeal. Most recently (Friday), a three-judge panel of the U.S. Eleventh Circuit Court of Appeals in Atlanta upheld the opinion of the lower court and ruled the individual mandate in the Patient Protection and Affordable Care Act (PPACA), more commonly known as Obamacare, is unconstitutional.
Here's the conclusion of the opinion (if you want the blow-by-blow complete version, click here):
[T]he individual mandate is breathtaking in its expansive scope. It regulates those who have not entered the health care market at all. It regulates those who have entered the health care market, but have not entered the insurance market (and have no intention of doing so). It is overinclusive in when it regulates: it conflates those who presently consume health care with those who will not consume health care for many years into the future. The government’s position amounts to an argument that the mere fact of an individual’s existence substantially affects interstate commerce, and therefore Congress may regulate them at every point of their life. This theory affords no limiting principles in which to confine Congress’s enumerated power….
The federal government’s assertion of power, under the Commerce Clause, to issue an economic mandate for Americans to purchase insurance from a private company for the entire duration of their lives is unprecedented, lacks cognizable limits, and imperils our federalist structure.