The Right Coast

Editor: Thomas A. Smith
University of San Diego
School of Law

Friday, August 12, 2011

11th Circuit Holds the Health Insurance Mandate Unconstitutional!
Mike Rappaport

Hooray!  The wicked witch is not dead, but she took a serious hit.

Unfortunately, the court severed the remainder of the law, which it left in place.

But the biggest news here may be the composition of the panel.  One of the two judges striking down the mandate was Judge Frank Hull (a women, despite the name), who was appointed by Bill Clinton (to replace Phyllis Kravitch of all people).  Thus, a mixed panel held the mandate unconstitutional.

(It may be, however, that Judge Hull is somewhat conservative, as a quick googling of her name seems to suggest.)

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Mike Rappaport


If you did your research properly, you would know that Judge Hull is very conservative, well to the right of a conservative court. Bill Clinton appointed her to the bench because Republicans controlled the Senate at the time and Orrin Hatch refused to seat even a moderate judge in that 11th Circuit seat. So Clinton decided to appoint a conservative instead of leaving it vacant (he probably regrets the decision now).

See this link for more information:

The panel was not mixed -- the three judges were conservative.

Posted by: YLS Grad | Aug 12, 2011 1:50:52 PM

As I suggested in the post, she appeared to be conservative. I am told, by someone more informed than me, is that she is a conservative Democrat.

By the way, it is not necessary to say "If you did your research properly." That is just rude.

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