Anonymous Coward User ID: 77251 United States 03/10/2013 01:54 PM Report Abusive Post Report Copyright Violation | Supreme Court's Obamacare decision is unconstitutional The Act entitled "The Patient Protection and Affordable Care Act" (PPACA) Public Law 111-148, also known as "Obamacare", was passed as H.R. 3590 and was signed by "President" Barack Obama on March 23, 2010. Challenges to the constitutionality of the PPACA were filed in the Federal District Court in Pensacola, Florida that day by the Florida Attorney General, the Pennsylvania Attorney General and several other State Attorneys General. Several other cases were filed in different Federal District Courts. Florida District Court Judge Roger Vinson, in Pensacola, ruled that, as a result of the unconstitutionality of the "individual mandate" which requires people to buy insurance in violation of the "commerce clause", the entire law must be declared void. The 11th Circuit Court of Appeals in Atlanta, Georgia upheld Judge Vinson's decision, but held that the "individual mandate" was severable, thus the entire PPACA was not unconstitutional. Other Federal District Courts and Appellant Courts found that "Obamacare" was constitutional. The case was ultimately appealed to the U.S. Supreme Court. Oral argument on this landmark case was held by the U.S. Supreme Court over three days for two hours each day. The first day of argument (March 26, 2012) addressed whether the case could be heard by the Supreme Court because, according to the DOJ, the "individual mandate" is a tax, and the Anti-Injunction Act of 1867 requires that a tax already be implemented in order for plaintiffs to have standing to sue on the basis that a tax is unconstitutional. [ link to www.tnonline.com] |