Federal appeals court judges in Georgia and California on Friday released conflicting decisions related to the Patient Protection and Affordable Care Act’s so-called “individual mandate” provision, which requires all Americans to have insurance.
In State of Florida et al v. U.S. Dept. of Health and Human Services, judges for the 11th Circuit Court of Appeals in Atlanta ruled that the provision is unconstitutional. The majority held that the individual mandate exceeds Congress’ powers under the commerce clause, but it can be struck out to preserve the rest of the law. However, the 11th Circuit upheld other provisions of the new law, including expansion of Medicaid coverage that had been struck down by a Florida trial judge in January. Read the Courthouse News Service’s coverage of the decision here and The Atlantic’s coverage here.
Also on Friday, judges for the 9th Circuit Court of Appeals in San Francisco ruled in Baldwin v. Sebelius that the plaintiff failed to show that the individual mandate causes injury, and thus dismissed the constitutional challenge.
