AG Bruning: 11th Circuit Affirms Federal Health Care Law Individual Mandate is Unconstitutional

LINCOLN - Attorney General Jon Bruning  released a statement following the U.S. Court of Appeals for the Eleventh Circuit’s decision affirming the Patient Protection and Affordable Care Act’s individual mandate is unconstitutional.
“We are pleased the Court of Appeals agreed Congress’ attempt to impose an individual mandate on every American was a blatant overreach of its authority,” said Bruning. “Although the Court ruled the mandate severable, the entirety of the Act was built on that foundation. Without the mandate, this house of cards comes tumbling down. It’s time for Congress to realize its mistake and repeal this unconstitutional law.”
The Court found there was no principle that “would permit us to uphold the mandate without obliterating the boundaries inherent in the system of enumerated congressional powers.”
Filed in July 2010, Kinder v. Geithner names U.S. Treasury Secretary Timothy Geithner, U.S. Health and Human Services Secretary Kathleen Sebelius, U.S. Labor Secretary Hilda Solis and U.S. Attorney General Eric Holder as defendants.

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 Smith Applauds Decision Striking Down Individual Mandate of Health Care Law

Washington, D.C. – Congressman Adrian Smith (R-NE)  issued the following statement after the Appeals Court of the 11th Circuit found the individual mandate in the new health care law to be unconstitutional.
"Nebraskans deserve the freedom to make their own health care decisions without the federal government interfering. Today’s ruling is another step toward replacing this misguided law with reforms which reduce costs and increase access for Americans."
This decision is the third legal ruling against the new health care law since it was signed into law.