Obamacare: inconstitutionnel?

Qui a déjà dit: "Y'en aura pas de facile"?

"The 11th Circuit Court of Appeals on Friday ruled that the health care reform law’s requirement that nearly all Americans buy insurance is unconstitutional, a striking blow to the legislation.

The suit was brought by 26 states — nearly all led by Republican governors and attorneys general. The Department of Justice is expected to appeal.

The 2-1 ruling marks the first time a judge appointed by a Democrat has voted to strike down the mandate. Judge Frank Hull, who was nominated by former President Bill Clinton, joined Chief Judge Joel Dubina, who was appointed by George H.W. Bush, to strike down the mandate.

Judge Stanley Marcus, in a dissenting opinion, said the mandate is constitutional. He was also appointed by Clinton.

The panel partially upheld a ruling issued in January by Judge Roger Vinson, who struck down the entire health reform law. However, the 11th Circuit said that the rest of the legislation can stand even if the mandate is unconstitutional.

The panel also said that the law’s expansion of Medicaid is constitutional, ruling against the states.

The federal government will have 90 days to appeal to the Supreme Court or ask the entire 11th Circuit to review the ruling.

http://www.politico.com/news/stories/0811/61218.html