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On Friday, the 11th U.S. Circuit Court of Appeals ruled the "individual mandate" portion of the federal health care law to be unconstitutional.
Twenty-six states, including Kansas, joined in the lawsuit challenging the provision.
Kansas Attorney General Derek Schmidt called the ruling a "victory for Kansas and our 25 partner states."
"We have been united in our view that the law’s individual mandate is an unconstitutional exercise of federal power. For the first time, a federal appeals court has declared that this law requiring Americans to purchase a product or face a penalty exceeds the power granted by the Constitution to our federal government," Schmidt said in a statement. "The Constitution created a federal government of limited, enumerated powers and did not grant to the federal government an unlimited general police power to do whatever it wishes."
Florida Attorney General Pam Bondi, who initiated the lawsuit in Florida, echoed Schmidt's statement.
“Today we have prevailed in preventing Congress from infringing on the individual liberty protected by the U.S. Constitution. The ruling by the Eleventh Circuit Court of Appeals upholds our position that the federal health care law exceeds Congress’ power,” Bondi said in a statement.
Even with the ruling, both Bondi and Schmidt said that the court's decision Friday was not final.
“While today’s decision is not the final word on the subject, our victory today makes Supreme Court review of the law almost certain," Schmidt said. "We will continue our strong advocacy for limited constitutional government.”
Title: Community Conversation Editor
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E-Mail: matthew.clark@morningsun.net
