The decision of the 11th Circuit Court of Appeals that the mandate to purchase insurance is unconstitutional, it isn’t the only aspect of that legislative monstrosity that is. Consider the letter below in today’s Wall Street Journal:
ObamaCare Raises a Number of Constitutional Issues
The reasoning of the 11th Circuit Court of Appeals against the mandatory insurance provisions of ObamaCare was refreshingly clear, and focused on essential constitutional principles in “‘Breathtaking in its Expansive Scope'” (Review & Outlook, Aug. 13). This is especially true when compared to the reasoning of other courts which amounts to little more than stating that the need for Congress to find funding for the legislation allows them to otherwise ignore the enumerated powers of the Constitution, or that living and breathing constitute interstate commerce. The failure of the 11th Circuit Court to overturn the entire act is not critical as the inability to compel every citizen to buy insurance undermines the entire financial basis of the legislation.
While the U.S. Supreme Court will now undoubtedly have to decide this issue, we should not lose sight of the fact that other provisions of ObamaCare are also flagrantly unconstitutional. They must not be left unchallenged. Perhaps the most glaring example is the legislation’s creation of the Independent Payment Advisory Board which forbids elimination or amendment of its powers by any future Congress and judicial review of any of its decisions. It is surprising that Congress and the president did not add the words “notwithstanding the Constitution” as the opening words of their legislation.
Richard E. Ralston
Executive Director
Americans for Free Choice in Medicine
Newport Beach, Calif.