Some excerpts.
The Atlanta panel did not immediately rule on the lawsuit brought by 26 states, a coalition of small businesses and private individuals who urged the three to side with a Florida judge who struck down the law. And it's never easy to predict how an appeals panel will decide.
But during almost three hours of oral arguments, the judges asked pointed questions about the so-called individual mandate, which the federal government says is needed to expand coverage to tens of millions of uninsured Americans.
The mandate was promoted by health insurance carriers in hopes of avoiding adverse selection. The law can go forward intact, except without the mandate, but doing so will increase premiums even more than the 2x to 3x anticipated with the mandate in place.
Acting U.S. Solicitor Neal Katyal sought to ease their concerns by saying the legislative branch can only exercise its powers to regulate commerce if it will have a substantial effect on the economy and solve a national, not local, problem. Health care coverage, he said, is unique because of the billions of dollars shifted in the economy when Americans without coverage seek medical care.
OK, but what about the billions in dollars shifted to those covered by private insurance due to below market medical provider reimbursement for Medicare and Medicaid patients?
Someone is being disingenuous.
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