Circuit Court finds for the states in constitutional challenge to the individual health insurance mandate

DENVER — Colorado Attorney General John Suthers lauded an order issued by the 11th Circuit Court of Appeals that affirmed a U.S. District Court ruling that Congress does not have the authority to impose an individual health insurance mandate on U.S. citizens.

“Today’s decision is a clear victory for federalism and the Constitution,” Suthers said. “The court’s decision underlines how Congress overstepped its constitutional bounds by mandating for the first time that individual Americans buy a particular product or service. The 11th Circuit’s order and others across the country make it extremely likely that the U.S. Supreme Court will decide this critical constitutional question.”

The federal government may request either that the 11th Circuit hear the case en banc or to seek cert from the U.S. Supreme Court. The 11th Circuit order substantially upholds Senior U.S. District Court Judge Roger Vinson’s January order granting the states’ motion for summary judgment. 

Colorado is one of 28 states participating in this and other similar lawsuits. The National Federation of Independent Business also is a co-plaintiff on the multistate lawsuit. To learn more about the multistate challenge to the individual health insurance mandate or to the review filings in the case, visit www.healthcarelawsuit.us.

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