11th Circuit Rules Affordable Care Act’s Individual Mandate Unconstitutional - August 17, 2011

The U.S. Court of Appeals for the 11th Circuit on Aug. 12 issued a ruling that the individual mandate found in the Affordable Care Act was unconstitutional for exceeding Congressional powers under the Commerce Clause. The decision, decided by a two-to-one majority, is at odds with a ruling earlier this year from the 6th Circuit upholding the individual mandate. Given the fact there is now a split decision between circuit courts, it is widely believed that the U.S. Supreme Court will have to consider the constitutionality of the Affordable Care Act, possibly as early as this year. While the 11th Circuit upheld the federal district court’s ruling on the individual mandate, it overruled the lower court’s finding that the entire health care law would have to be struck down. In addition, the 11th Circuit rejected the lower court’s determination that the Medicaid expansion also violated state’s rights under the constitution.