On August 12 the 11th Circuit Court of Appeals delivered what the Milwaukee Journal Sentinel termed “a stinging blow to [President Barack] Obama’s signature achievement,” declaring the ObamaCare individual mandate unconstitutional. The court thus “sided with 26 states ... that had sued to stop the law from taking effect,” the paper said.
A three-judge panel of the court split in favor of the states — and the Constitution — and against the Obama administration. Chief Judge Joel Dubina, an appointee of President George H.W. Bush, and Circuit Judge Frank Hull, an appointee of President Bill Clinton, authored the panel’s 207-page opinion. Circuit Judge Stanley Marcus, also a Clinton appointee (though he was first appointed to the federal bench by President Ronald Reagan), penned a 96-page dissent.
Dubina and Hull declared that “Congress exceeded its enumerated commerce power” when it “mandate[d] that individuals 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.” They added:
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