Wednesday, June 8, 2011

OBAMACARE IN FEDERAL COURT IN ATLANTA

The Obamacare Lawsuit: From the Courtroom in Atlanta

ATLANTA — In the most important appeal of the Obamacare constitutional saga, today was the best day yet for individual freedom.  The government’s lawyer, Neal Katyal, spent most of the hearing on the ropes, with the judicial panel extremely cautious not to extend federal power beyond its present outer limits of regulating economic activity that has a substantial aggregate effect on interstate commerce.

As the lawyer representing 26 states against the federal government said, “The whole reason we do this is to protect liberty.” With those words, former solicitor general Paul Clement reached the essence of the Obamacare lawsuits. With apologies to Joe Biden, this is a big deal not because we’re dealing with a huge reorganization of the health care industry, but because our most fundamental first principle is at stake: we limit government power so people can live their lives the way they want.

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Atlanta court becomes health care battleground

New law's requirement to buy insurance is challenged

The Atlanta Journal-Constitution
In a key test of President Barack Obama’s health care law, the federal appeals court in Atlanta today will hear arguments on whether the government can require Americans to buy health insurance.
A line stretches outside the he 11th Circuit Court of Apeals in Atlanta on Tuesday morning, where the nation's new health care law will face its third court challenge.
John Spink, jspink@ajc.com A line stretches outside the he 11th Circuit Court of Apeals in Atlanta on Tuesday morning, where the nation's new health care law will face its third court challenge.
The cornerstone of the law -- the requirement that almost all Americans purchase a minimum level of insurance by 2014 or face a tax penalty -- is at the heart of a lawsuit filed by Georgia and 25 other states. They contend Congress cannot mandate that individuals have coverage in the interest of controlling health-care costs; allowing that, they say, could conceivably lead to extreme results, such as laws requiring people to eat more vegetables and exercise more.
The Obama administration counters that everyone will need medical care sooner or later, and it is unacceptable for those without coverage to have fellow taxpayers pay for their care when the time comes.

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Atlanta protesters decry, support ‘Obamacare'

The Atlanta Journal-Constitution
About 50 activists stood outside the U.S. Court of Appeals in Atlanta Wednesday morning to support or decry federally mandated health insurance.
David and Carolyn Cosby, from Ballground, arrived in costume Wednesday portraying founding father, George Whitefield and wife, Elisabeth, during the Americans for Prosperity rally in front of the 11th Circuit Court of Appeals.
John Spink, jspink@ajc.com David and Carolyn Cosby, from Ballground, arrived in costume Wednesday portraying founding father, George Whitefield and wife, Elisabeth, during the Americans for Prosperity rally in front of the 11th Circuit Court of Appeals.
Inside, a three-judge panel heard arguments on whether to uphold the verdict U.S. District Judge Roger Vinson handed down January in Florida. Vinson's ruling struck down the Patient Protection and Affordable Healthcare Act that requires  Americans to purchase health insurance.
In ruling the act unconstitutional, Vinson said Congress overstepped its authority under the commerce clause.
Dozens of people opposed to the law President Barack Obama enacted last year waived posters and placards saying "Hands Off My Health Insurance" and "Freedom? Not if I'm Forced to Buy Insurance."

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