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Friday, August 12, 2011

"Unconstitutional": SBE Council Statement on Appeals Court Ruling

SBE Council President & CEO Karen Kerrigan released the following statement on today's ruling by the U.S. appeals court for the 11th circuit in Atlanta, which found the individual mandate in the Patient Protection Affordable Care Act (PPACA) unconstitutional:

"Today's decision by the appeals court is a relief for self-employed individuals who would be forced to purchase health coverage or pay a penalty tax under the intrusive rules of the new health care law. The law is flawed and costly in many respects, but the provision forcing uninsured Americans to buy government-designed health coverage is especially intrusive and unfair. We believe this ruling will continue to stand, and eventually be affirmed by the U.S. Supreme Court," said Kerrigan.

SBE Council continues to push for full repeal of PPACA, and encourages President Obama to take another look at the costly new law, and the uncertainly and dislocation it is causing in the marketplace. According to Kerrigan, the appeals court said it all in the majority opinion: "This economic mandate represents a wholly novel and potentially unbounded assertion of congressional authority: the ability to compel Americans to purchase an expensive health insurance product they have elected not to buy, and to make them re-purchase that insurance product every month for their entire lives."

Kerrigan added: "The majority opinion by the court puts the individual mandate in its proper perspective. The government has overstepped its bounds, and in a big way. It's not too late for President Obama to call for a do-over and get health care reform right. He would see a bounce in the economy, improved small business outlook and better job numbers if he did."

Karen Kerrigan, President & CEO

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