Over To You, Tony

Yesterday, Karl Rove had an op-ed in the Wall Street Journal titled, “Obama’s No Good, Very Bad Week.”

It’s not exactly ending on a high-note for the president, either.


“Breaking: 11th Circuit Rules Individual Mandate in ObamaCare Unconstitutional.” At the Tatler, Bryan Preston writes:

The news is just now breaking, so now wire stories have popped up yet and the decision, said to be about 300 pages, has not been posted. Look here for links as the news rolls in.

Update: Here we go.

An appeals court ruled on Friday that President Barack Obama’s healthcare law requiring Americans to buy healthcare insurance or face a penalty was unconstitutional, a blow to the White House.

The Appeals Court for the 11th Circuit, based in Atlanta, found that Congress exceeded its authority by requiring Americans to buy coverage, but also ruled that the rest of the wide-ranging law could remain in effect.

That last part makes little sense, since the law had no severability clause in it. Kill one part, you kill it all has been the theory. Kicking out the mandate but leaving the rest intact makes things even messier, in my opinion.

Anyway, everyone knows this thing is headed to the Supreme Court, where Anthony Kennedy’s mood will determine whether the interstate commerce clause can be used to force people to buy a product that they cannot buy across state lines.

Professor William A. Jacobson of Legal Insurrection has more details.


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