Federal Appeals Justices Skeptical of ObamaCare

A top Obama administration lawyer defending last year’s healthcare law ran into skeptical questions Wednesday from three federal judges here, who suggested they may be ready to declare all or part of the law unconstitutional.

Acting U.S. Solicitor General Neal K. Katyal faced off against former Bush administration Solicitor General Paul Clement in what has become the largest and broadest challenge to the healthcare law. In all, 26 states and the National Federation of Independent Business joined in urging the judges to strike down the law.

And in an ominous sign for the administration, the judges opened the arguments by saying they knew of no case in American history where the courts had upheld the government’s power to force someone to buy a product.

That argument is at the heart of the constitutional challenge to the healthcare law and its mandate that nearly all Americans have health insurance by 2014.

“I can’t find any case like this,” said Chief Judge Joel Dubina of the 11th Circuit Court of Appeals. “If we uphold this, are there any limits” on the power of the federal government? he asked.

Judge Stanley Marcus appeared to agree. “I can’t find any case” in the past where the courts upheld “telling a private person they are compelled to purchase a product in the open market…. Is there anything that suggests Congress can do this?”

ObamaCare is obvioulsy in trouble and the political ramifications are huge if  and when the federal 11th Circuit Court of Appeals declares the legislation unconstitutional.

Already, appeals courts in Richmond, Va., and Cincinnati have heard legal challenges to the healthcare law, and a fourth hearing is set for September in the U.S. Court of Appeals for the District of Columbia.

The challengers hope that at least one of those appeals courts strikes down the law as unconstitutional. Such a ruling would almost certainly require the Supreme Court to take up the case and decide the issue.

The United States Supreme Court will ultimately decide the issue but it is doubtful they would take it up prior to the 2012 Presidential elections and remember – NO Republican votes in favor of passage.