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Fox News alert a major court ruling in now just in on health care overhaul this from the court of appeals for the eleventh circuit which covers Florida.
That is where a lower court judge earlier ruled that the individual mandate portion of Barack Obama's health care law was unconstitutional.
And said therefore the law needs to be thrown out in total.
Now the eleventh Circuit Court of Appeals that's the next level up has just ruled.
That that lower court judge got it right in part and wrong in part.
Jim Angle has been looking at -- 300 page ruling and He joins us live now to help us break it down so the I mean there is there is this is obviously not going to be good news to Leo Obama administration but there is some good news for them in there.
Well there there is a bit of -- silver lining but you're right this decision from the eleventh circuit.
Ruled that the individual mandate is in fact unconstitutional.
Many -- argue that is the centerpiece of the law.
But it said it does not invalidate the rest of the health care law.
Now the majority opinion states that a basic objective of the health care laws to make health insurance coverage.
Accessible and therefore reduce the number of uninsured persons and it says even without the individual mandate.
The act has enough provisions to help accomplish some of the same objectives.
But they smacked down the individual mandate pretty hard -- let me just read you some of the court's language.
The individual mandate was and acted as a regulatory penalty not our revenue raising tax and is therefore unconstitutional.
Further it said the individual mandate exceeds Congress's enumerated commerce power.
Andy is unconstitutional.
The economic mandate represents a wholly novel and potentially unbounded.
Assertion of congressional authority.
The ability to compel Americans to purchase inexpensive health insurance product they have -- elected not to buy.
And to make them -- purchase that insurance product.
Every month for the rest of their entire lives.
So the court smacked down the individual mandate pretty hard but it does go on to say that the other aspects of the health care law.
Are fine and that the health care law can proceed -- that basis clearly there will be a lot of people who argue that is not the case.
That this entire law -- On the assumption that everyone is required to do it.
Well let me ask this is Jim yep let me ask you this it's.
It is one thing to have the courts say okay just because one portion of the law fails the entire law doesn't -- -- but as a practical matter.
How -- they implement the health care a lot without debt fund raising mechanism of the individual -- the reason.
There were some quotes from Barack Obama if I'm if I'm not mistaken saying you gotta have that because you need to generate the fun and it.
They can't just provide all these benefits to folks without an additional source of funds and they have some Medicare savings they say but they also need.
They need some -- Well it is not at all clear from this decision now the rest of the law would work without the individual mandate.
I mean for instance how do you find you can find companies for not offering insurance.
But only a very one is required to have insurance.
So it is not at all clear how the other parts of this law will work without that fundamental pillar of everyone having to buy insurance either on their own.
Or to take it at their workplace so -- There are a lot of they were going to argue that this blows a hole right through the middle of this new health -- law and makes it unworkable.
That is a decision now that we'll have to be made by the Supreme Court we always assumed it was going there anyway -- But this absolutely.
Makes clear there's going there and perhaps faster than it would have otherwise.
Yeah I mean there's just almost no question that the United States Supreme Court is gonna be the ultimate arbiter on this and right now.
We don't know how the Supreme Court would rule the way it's.
You know -- sadly you can usually predict how the -- -- ruled given the political makeup of the justices of the idea ideological make up only got four liberals.
We've got four conservatives and we got Kennedy who's in the middle but He leans right and He -- -- lean left.
-- I don't.
-- they're gonna they're gonna have a tough call here because if you're going to do is the eleventh circuit did try to salvage the law as a whole even after taking out this the largest tent pole in the law.
Then how do you sort of -- judicially reconstruct.
A complete reconstruction in itself of the of the entire health care -- Well you don't I don't that's a very tough I mean it's it's in of the court here seems to seven just them.
Bit I've read 1% of the sad that we did there's a presumption in favor of sever ability -- we call -- -- strike down if the laws get AB and C and B is found unconstitutional there's a there's a presumption in the court that you try to save ANC.
And that's what this court did in this case right but as I say even if the United States Supreme Court -- to conclude as this court has.
How as a practical matter do they make the health care law work.
Without the individual -- I know that there have been some discussions in the wake of these other these earlier court decision striking it down their -- on some other decisions that upheld it.
There's been discussion about whether the Obama administration would voluntarily go back and say you know what we're good we will take individual mandate -- we can make.
His health care law work notwithstanding is that true is that an idea that's really being considered as far as we know.
Not as far as -- -- I'll be the problem here is that there were already questions about how that's going to work.
Now you take out one of the fundamentalist.
Versions of the bill that everyone has to buy insurance or has to have insurance or pay a fine.
Now the questions are even greater greater for employers greater for individuals.
Now the court said look you can still have exchanges you can still expand Medicaid fine.
Those things are fine but what about that the fundamental.
Requirement that every one has to buy insurance.
And that employers who don't offer it would have to pay a fine.
All of those things are now thrown into a cocked -- you've got -- -- figure out what the answer those questions are.
And it sounds to me like congress and the administration are gonna have to go back to the drawing boards.
If this decision actually makes it all the way up and is -- -- by this.
Record and as a Parnell -- what I can see based on what I have on on the set with me was -- two to one decision there was one dissenter.
Although I don't have that particular portion in front of me Jen thank you we'll be back you as you continue make your way through this 300 pages that yes ma'am Evelyn -- go for.
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