Archive

Posts Tagged ‘11th Circuit’
September 29th, 2011 at 2:08 pm
Gaziano vs. Obamacare: Radio Tonight

One of the very first people to argue that Obamacare was unconstitutional was the Heritage Foundation’s excellent Director of the Center for Legal and Judicial Studies, Todd Gaziano. In light of this weeks decisions by all sides of the 11th Circuit anti-Obamacare decision to appeal all or parts of the decision to the Supreme Court — a dramatic development that makes it likely the high court will rule on the law before next year’s election — I have offered, and Todd has graciously accepted, an invitation to be my guest tonight on my weekly radio show on the Gulf Coast. You can listen in here, with excellent online reception, from 9-10 Eastern time. Please check it out; every Thursday night, Welcome to Hillyer Time.

(cross-posted from The American Spectator)

August 26th, 2011 at 9:35 am
Podcast: ObamaCare One Step Closer to Supreme Court
Posted by Print

In an interview with CFIF, Anna Rittgers, senior fellow at the Independent Women’s Forum, discusses the recent decision by the U.S. Court of Appeals for the 11th Circuit, which struck down as unconstitutional the individual mandate in the 2010 Affordable Care Act.  Rittgers also discusses the anticipated next step for the case as it makes its way to the U.S. Supreme Court.

Listen to the interview here.

August 12th, 2011 at 1:28 pm
11th Circuit Rules ObamaCare “Individual Mandate” Unconstitutional
Posted by Print

The 11th Circuit Court of Appeals has ruled, correctly, that the “individual mandate” of ObamaCare is unconstitutional.  That stands to reason.  The Founding Fathers drafted the Constitution to ensure liberty through a federal government of strictly limited powers.  One aspect of that effort was to restrict federal authority to regulating actual “interstate commerce.”  But since ObamaCare’s individual mandate effectively declares that a citizen’s inactivity somehow amounts to “interstate commerce,” upholding ObamaCare would have rendered the Constitution’s interstate commerce clause meaningless.  Accordingly, it follows that if one explicit portion of the Constitution can thus be rendered meaningless, what would be the logical limit restraining government from declaring any other Constitutional clause meaningless at whim?

This is a moment for grateful celebration, even if only temporary.  The broader battle continues, eventually at the Supreme Court level.