Appeals court strikes health insurance requirement
National News
A federal appeals court panel on Friday struck down the requirement in President Barack Obama's health care overhaul package that virtually all Americans must carry health insurance or face penalties.
The divided three-judge panel of the 11th Circuit Court of Appeals struck down the so-called individual mandate, siding with 26 states that had sued to block the law. But the panel didn't go as far as a lower court that had invalidated the entire overhaul as unconstitutional.
The states and other critics argued the law violates people's rights, while the Justice Department countered that the legislative branch was exercising a "quintessential" power.
The decision, penned 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.
Related listings
-
Lawyer: NJ student didn't mean to spy on roommate
National News 08/11/2011A lawyer for a former Rutgers University student accused of using a webcam to spy on his roommate's intimate encounter with another man says in newly filed legal papers that prosecutors got it all wrong and that the case should be dropped. Nineteen-y...
-
Court rules firing of NJ casino dealer unlawful
National News 08/09/2011A federal appeals court has sided with an Atlantic City casino dealer who says he was targeted because he was involved in union organizing. Bally's Park Place fired Jose Justiniano in 2007. The casino claimed he misused family medical leave time by a...
-
Buffalo city lawmakers irked by law firm's TV ad
National News 08/03/2011Some city lawmakers in Buffalo want a local law firm to stop running a television commercial that was filmed inside the Common Council Chambers. The Buffalo News reports that the ads touting the Cellino and Barns law firm were filmed in the chambers ...
Victorville CA DUI Lawyers - Drunk Driving Defense Attorney
The outcome of a Victorville CA DUI defense will have a long-term effect on anyone’s life, making the decision to receive legal representation an easy one. The fact is, most people accused of a DUI are first offenders with no criminal background. Whether this is your first run in with the law or you have had previous convictions, you are in need of a DUI defense attorney.
If you fail a sobriety test or have a blood alcohol level above 0.8%, you are considered to be driving under the influence in which you will be arrested. During this time you will be read your Miranda rights and it is crucial to exercise your right to remain silent. As they say, “anything you say can and will be held against you in court.” The courtroom takes no mercy on drunk drivers and any statement you make during your arrest will only damage your case.