According to an appeals court in Atlanta, the health care bill that was signed into law by President Barack Obama in March of 2010 has been in ruled in part unconstitutional.
The U.S. Circuit Court of Appeals ruled by a 2-1 vote that the federal mandate that requires individuals to either buy health insurance or be fined is a a “wholly novel and potentially unbounded assertion of congressional authority,” according to Chief Judge Joel Dubina.
The judges in court found that “the ability to compel Americans to purchase an expensive health insurance product they have elected not to buy and make them re-purchase that insurance product every month for their entire lives” went beyond the authority of the constitution.
According to CNN, that “unconstitutional” portion of the law will likely be heading to the Supreme Court, which will likely put the issue front and center during the 2012 elections when President Obama will be facing off against a GOP candidate. Most of the Republican candidates, including frontrunner Mitt Romney and Michele Bachmann, have vowed to repeal the bill — dubbed by them as “ObamaCare” — if they are elected into office.
According to a Gallup poll in January of this year, 46% were in favor of repealing the healthcare system enacted by Obama and Congress, while 40% oppose to repealing it. Republicans were those most likely voting to repeal it — 78% to 15% — while Democrats were more likely to vote to let it stand — 64% to 24%. Independents, who are often credited in deciding who wins the presidential election, are more split with 43% wanting it repealed and 39% wanting it to let it stand.