Saturday, August 13, 2011

The reform of the health care system Obama ruled unconstitutional by a court of appeal

The federal appeals court in Atlanta ("the 11th Circuit", representing Alabama, Florida and Georgia, southeastern United States) declared unconstitutional a portion of the new law on health insurance for Barack Obama voted in 2010, a blow to one of the flagship reforms of the President. Two of the three judges of the Georgia court ruled that the obligation of all citizens to have health insurance by 2014 or face sanctions was not consistent with the Constitution, confirming in part a decision trial reported in January in Florida.

"The obligation to provide insurance in excess of the regulatory powers of Congress and Trade is unconstitutional," the Federal Judge Joel Dubina. "This is an economic imperative statement entirely new and potentially unlimited authority of the Congress the power to compel Americans to buy an expensive insurance product they had chosen not to buy, and force to purchase this insurance product each month until the end of their lives, "the judge.

The decision does not end point to the legal mess, but it would force the Supreme Court to decide, a process that could take months or even years. In April, the Supreme Court had refused to enter immediately the validity of the reform, preferring to wait until the lower courts are pronounced.

Twenty-six states controlled by the Republicans continue the Federal Government for the cancellation of the reform of Obama. Many complaints have been filed across the United States. Three trial judges upheld the law, while two others, Florida and Virginia (East), had declared unconstitutional.

It is the decision of Florida has just been confirmed. Legislative side, sixteen states have already enacted laws setting aside parts of the federal reform. The law promised by Barack Obama during his campaign in 2008 and to be slowly put in place by 2014, aims to cover 32 million Americans who have no health insurance.

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