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Judges Taking Stand Against Obamacare

Obama Speaking during White House Visit of German Chancellor June 7 2011
(Photo by Mark Wilson/Getty Images)

The huge lawsuit filed over Obamacare has gone to court, and so far, the judges seem to be against it.

Three Federal Judges today in Atlanta questioned the legitimacy of Obamacare during a hearing over the controversial health care reform bill that barely passed Congress.  U.S. Solicitor General Neal Katyal faced off against the judges, defending the bill that 26 states have joined forces to oppose, including Washington.   While no verdict or ruling has come yet,  some clues have come out that the judges might be ready to rule against it. From a report in the Los Angeles Times:

And in an ominous sign for the administration, the judges opened the arguments by saying they knew of no case in American history where the courts had upheld the government’s power to force someone to buy a product.

That argument is at the heart of the constitutional challenge to the healthcare law and its mandate that nearly all Americans have health insurance by 2014.

“I can’t find any case like this,” said Chief Judge Joel Dubina of the 11th Circuit Court of Appeals. “If we uphold this, are there any limits” on the power of the federal government? he asked.

Judge Stanley Marcus appeared to agree. “I can’t find any case” in the past where the courts upheld “telling a private person they are compelled to purchase a product in the open market…. Is there anything that suggests Congress can do this?” 

Katyal argued the government’s point that at sometime it is reasonable to assume that everyone will need healthcare, and therefore everyone should pay for it.  He argued that if, for example, you get hit by a bus, and have no healthcare, then taxpayers pay for it anyway via public hospitals.  This Atlanta court is reviewing the decision of Florida Judge Roger Vinson, who in January struck down the ENTIRE 2,700 page bill as unconstitutional. Besides the 26 states, the Obamacare bill is also opposed by The National Federation Of Independent Business.

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