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Texas Business Lawyer: Appeal’s Court Sides With States, Not President Obama Over Health Insurance Debate

Posted on | August 12, 2011 | No Comments

The 11th Circuit of Appeals ruled today that the individual mandate in the health care overhaul package that requires all Americans to carry health insurance or face penalties is unconstitutional. Initially, 26 states filed suit to block the health care package, claiming the entire package was unconstitutional; while the Justice Department claimed the law falls under a “quintessential” power of the legislative branch.

The Circuit Court specifically struck down the individual mandate. The Court held that it “exceeds Congress’s enumerated Commerce power” by forcing individuals to enter into expensive insurance contracts for the duration of their lifetime.

Circuit Judge Stanley Marcus dissented in the opinion.

For information on Texas employment and small business law contact The Wright Firm, L.L.P. at 972-353-4600 to speak with a Texas Business Lawyer or visit us on the web at www.thewrightlawyers.com

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