• 11th Circuit Rules PPACA Mandate is Unconstitutional - Supreme Court Review Likely
  • August 17, 2011
  • Law Firm: Sutherland Asbill Brennan LLP - Washington Office
  • On August 12, 2011, the U.S. Court of Appeals for the Eleventh Circuit ruled that the individual mandate under the Patient Protection and Affordable Care Act (PPACA) was unconstitutional because it exceeded enumerated congressional authority under the commerce clause of the Constitution, but that the mandate was severable, with the result that the remainder of PPACA is constitutional. The court’s decision in Florida v. HHS, creates a split between the U.S. Courts of Appeals given the decision by the Sixth Circuit in Thomas More Law Center v. Obama, on June 29, 2011, that the individual mandate is constitutional under the commerce clause.