David G. Savage
June 9, 2011
Skeptical questions from three federal judges in Atlanta suggest they may be ready to declare unconstitutional all or part of the healthcare law promoted by the Obama administration and passed last year by Congress.
If the Obama administration had any doubt that its signature healthcare law faces a severe challenge in court, it was erased soon after Chief Judge Joel Dubina opened the proceedings here.
“I can’t find any case like this,” Dubina said. “If we uphold this, are there any limits” on the power of the federal government?
Judge Stanley Marcus chimed in: “I can’t find any case” in the past, he said, where the courts upheld “telling a private person they are compelled to purchase a product in the open market…. Is there anything that suggests Congress can do this?”
After nearly three hours of argument Wednesday, the three-judge panel of the 11th Circuit Court of Appeals seemed prepared to declare at least part of last year’s law unconstitutional.
This article was posted: Thursday, June 9, 2011 at 4:40 am