Prescription for Disaster

11th Circuit Set to Hear Appeal of FL ObamaCare Lawsuit

Chris Jaarda - Wednesday, June 08, 2011
At 9:30 AM, EST, the Eleventh Circuit Court of Appeals is set to hear an appeal of the decision of Judge Roger Vinson in which he ruled in favor of Florida and dozens of other states that the individual mandate was unconstitutional and, as a result, struck down all of ObamaCare.  Updates to follow!

Update 1:  Avik Roy writes that according to Cato's Ilya Shapiro, Neal Katyal (the acting Solicitor General who is arguing for the constitutionality of the mandate) "spent most of the hearing on the ropes, with the judicial panel extremely cautious not to extend federal power beyond its present outer limits."

Update 2:  LA Times writes, "After nearly three hours of argument Wednesday, the three-judge panel of the 11th Circuit Court of Appeals seemed prepared to declare at least part of last year's law unconstitutional."

Update 3: LA Times also writes that for the first time a court seems sympathetic to the argument by the states that they federal government has coerced and/or commandeered them with respect to the Medicaid expansion.  The paper wrote: "The Medicaid claim has not won any support from other federal judges, but [Chief Judge Joel] Dubina said the states had 'a pretty strong argument' they were being forced to pay millions of dollars more to enroll low-income residents."

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