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Author Topic: Applicability of Obamacare 11th and 6th Circuit Courts of Appeals Rulings  (Read 1076 times)

sensetime

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Hi, I'm sorry for my ignorance, but I'm trying to figure out exactly what states these two rulings apply to.

The 6th circuit court of appeals ruling was issued first, and found the individual mandate constitutional.
The 11th circuit opinion was just issued and found it unconstitutional.

Plaintiffs in 6th circuit case were: THOMAS MORE LAW CENTER; JANN
DEMARS; JOHN CECI; STEVEN HYDER; SALINA HYDER,

Plaintiffs in 11th circuit case included 26 states, including for instance Michigan which is in the 6th circuit.

Does the 6th circuit case only apply to states of the 6th circuit, and the 11th circuit case apply to all states that sued?   
What if in the 11th circuit case, one of the states in its circuit had not joined the suit.  Would the ruling still apply to it?
Also, since a state like Michigan is in the 6th circuit and that appeals court had already ruled the opposite, what effect
does the new 11th circuit decision have on such a state?

Finally, what can I read so I can get a thorough understanding of these types of jurisdictional issues and what rulings apply to what
states when a federal law is being challenged, when states are suing, etc?

Hamilton

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Re: Applicability of Obamacare 11th and 6th Circuit Courts of Appeals Rulings
« Reply #1 on: September 16, 2011, 11:34:15 AM »
I cannot answer this question specifically - what it requires is a broad understanding of constitutional law, applicability of the court's jurisdication, and the matter at issue in the case.  Here it is the Commerce Clause (ugh).

Here, the end game is to get the law before the US Supreme Court for a final determination.  The process for doing that is, in a nutshell, to get different circuit courts to rule differently, thereby establishing a judicial conflict that needs to be finally resolved by the Supremes.

Hopefully reason will prevail and they will determine that the citizens of the US cannot be compelled to buy a product whether they want it or not.  I fear we will see some narrowly-tailored rule, however, when it comes to public interest, blah, blah, blah...

Finally, what can I read so I can get a thorough understanding of these types of jurisdictional issues and what rulings apply to what
states when a federal law is being challenged, when states are suing, etc?