The U. S. Court of Appeals for the 11th Circuit in Atlanta ruled today that the individual mandate, which is the heart of Obamacare, is unconstitutional. The 11th Circuit was hearing the appeal of the case brought by 26 states. The court did not, however, throw out the entire Affordable Care Act, choosing instead to severe the individual mandate from the rest of the law. This ensures that the case will be brought before the Supreme Court sooner, rather than later, because 2 different appeals courts have arrived at exactly opposite positions. Despite the fact that the White House is whistling past the graveyard, the 11th Circuit’s majority opinion is the likely one that will prevail in the Supreme Court. The individual mandate will be thrown out, but the rest of the law will be allowed to stand. No one will be happy, but the Democrats will be the most outraged. Watch for them to start beating the drum again for a single payer plan, even before the Supreme Court takes up this case. They have to know that this is a losing issue. Meanwhile, Obama’s Justice Department ought to join the effort to get this to the Supreme Court quickly, so that he can put some distance between having his signature legislation declared unconstitutional and election day 2012. Today’s ruling is clearly a win for constitutional conservatives.