One key point:
The importance of this ruling goes far beyond depriving the White House of a mere talking point, of course. It also provides a bipartisan argument against congressional overreach: "Few powers, if any, could be more attractive to Congress than compelling the purchase of certain products. Yet even if we focus on the modern era, when congressional power under the Commerce Clause has been at its height, Congress still has not asserted this authority."(Read the full text of "Obamacare Loses Another One".)
They go on to point out that even during unambiguous crises like World War II, "Congress never sought to require the purchase of wheat or require every American to purchase a more fuel efficient vehicle." This reference to "fuel efficient vehicles" suggests that these two judges are concerned that the insurance mandate is an evil portent of things to come if it is allowed to stand.
Catron notes that the conflicting rulings between the 11th Circuit and the 6th Circuit makes it extremely likely that the US Supreme Court will have to weigh in on this issue.
And he also observes that the Obama Administration will almost certainly continue its delaying tactics to entrench the current law as much as possible before the Supreme Court rules on the case.
On a related point, law professor Ann Althouse points out that ObamaCare supporters should ask themselves, "Could Congress ban abortion using its commerce power?"
Stay tuned...
