A good day in court for opponents of Obamacare 

Earlier today, the 11th Circuit Court of Appeals heard arguments in the health care case pitting 26 states led by Florida against the Obama administration, and while I wasn't on the scene in Atlanta, multiple news reports indicate that it was a fantastic day for opponents of the law.

Like the Sixth Circuit which heard arguments in an Obamacare challenge last week, the three judges on the 11th Circuit panel expressed serious concerns about how Congressional power could be limited if courts upheld the individual mandate, which forces individuals to purchase a product.

The Los Angeles Times reported:

A top Obama administration lawyer defending last year's healthcare law ran into skeptical questions Wednesday from three federal judges here, who suggested they may be ready to declare all or part of the law unconstitutional....

And in an ominous sign for the administration, the judges opened the arguments by saying they knew of no case in American history where the courts had upheld the government's power to force someone to buy a product.

The Associated Press had a similar take: "Judges on a federal appeals court panel on Wednesday repeatedly raised questions about President Barack Obama's health care overhaul, expressing unease with the requirement that virtually all Americans carry health insurance or face penalties."

While oral arguments are not always revealing because judges may be asking questions to assist them in writing their opinions, this has to seen as a positive sign for opponents of the law, especially given that two out of the three judges were Clinton appointees. 

C-Span will be airing this morning's oral arguments at 3:45pm, and you can watch then online here

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Philip Klein

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