Gov. Sandoval Praises Appeals Court Ruling on Federal Health Care Package
CARSON CITY — Gov. Brian Sandoval today praised a federal appeals court ruling that struck down the so-called “individual mandate” in federal health care legislation.
“The ruling by the 11th Circuit Court of Appeals confirms what we have known all along: the federal health care law’s individual mandate was over-reaching and unconstitutional,” said Sandoval in a statement. “Nevada continues to be well-represented in this case and I expect there will be ultimate victory before the United States Supreme Court.”
A panel of the Atlanta-based 11th Circuit Court of Appeals found fault with the requirement in the Obama administration’s Patient Protection and Affordable Care Act that says Americans must carry personal health insurance or face financial penalties.
The 11th Circuit decision is a pivotal judicial event because it reviewed a sweeping ruling by a U.S. District Court in Florida.
A divided three-judge panel did not agree with the lower court on all counts but did strike down the so-called “individual mandate,” ruling in favor of 26 states that had sued to block the law on the basis that it was unconstitutional and violates individual rights.
White House adviser Stephanie Cutter said on a White House blog that the administration strongly disagreed with the ruling.
“Individuals who choose to go without health insurance are making an economic decision that affects all of us — when people without insurance obtain health care they cannot pay for, those with insurance and taxpayers are often left to pick up the tab,” wrote Cutter.
But today’s decision, written by Chief Judge Joel Dubina and Circuit Judge Frank Hull, found that “the individual mandate contained in the Act exceeds Congress’s enumerated commerce power.”
“What Congress cannot do under the Commerce Clause is mandate that individuals enter into contracts with private insurance companies for the purchase of an expensive product from the time they are born until the time they die,” the opinion said.
Circuit Judge Stanley Marcus said in his dissent that the panel majority ignored the “undeniable fact that Congress’ commerce power has grown exponentially over the past two centuries, and is now generally accepted as having afforded Congress the authority to create rules regulating large areas of our national economy.”
Marcus’ opinion agreed with that of the 6th Circuit Court of Appeals in Cincinnati, which in June upheld the government’s requirement that most Americans buy health insurance.
Government officials are expected to either ask for a review of today’s decision by the full court or appeal to the U.S. Supreme Court.










