Appeals Court Finds ‘Obamacare’ Mandate Unconstitutional – EVOL

Judges declined to block the mandate despite the ruling.

A federal appeals court has found an Affordable Care Act mandate unconstitutional, although it declined to block the requirement.

A panel of the U.S. Court of Appeals for the Fifth Circuit ruled on June 21 that the mandate requiring insurers to cover preventive services, such as cancer screenings and HIV prevention drugs, was unconstitutional because the task force issuing these requirements was not appointed by the president or confirmed by the Senate.

The Affordable Care Act, commonly known as Obamacare, requires coverage of “preventative care” but does not include a definition of that care. Instead, it requires coverage of preventative services and drugs that receive an A or B rating from the United States Preventive Services Task Force.

Members of the task force wield power akin to that of presidentially appointed officers but are not appointed by presidents. The task force is completely independent, issuing legally binding ratings without supervision, the panel found.

“The unreviewable power it wields—the power to issue preventive-care recommendations that insurers must cover by law—renders its members principal officers of the United States who have not been validly appointed under Article II of the United States Constitution,” U.S. Circuit Judge



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