11th Circuit Court of Appeals Rules PPACA Individual Health Insurance Mandate “Unconstitutional”
The 11th Circuit Court of Appeals ruled on August 12, 2011 that the individual health insurance mandate in the PPACA is unconstitutional. Although the 3-judge panel declared the mandate unconstitutional in a 2-1 vote, the ruling does not apply to the entire act. Panel members include Chief Judge Joel Dubina, Judge Frank Hull and Judge Stanley Marcus who ruled on an appeal of State of Florida et al. vs. United States Department of Health and Human Services et al.
The minimum essential coverage provision requires people above a certain income level, who do not participate in an employee benefits plan, to buy a minimum level of health insurance or pay a penalty. Exceptions to this provision are religious organizations who object to owning health insurance and individuals who cannot find affordable coverage. Supporters of PPACA argue, however, that health insurance will be affordable for everyone.
An earlier ruling this January by U.S. District Judge Roger Vinson of Pensacola, Fla. went a step further, finding the entire act unconstitutional, and comparing the individual health insurance mandate to “forcing people to buy broccoli.”
Ultimately, the Supreme Court has the final say, and only time will tell. What do you think?
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