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U.S. Court of Appeals Upholds Individual Mandate

June 29, 2011 by  

U.S. Court of Appeals Upholds Individual Mandate

On Wednesday, the 6th Circuit Court of Appeals upheld the Affordable Care Act’s mandate that nearly all individuals must buy health insurance.  The three-Judge panel, which included two Republican nominees, ruled 2-1 in favor of the law’s Constitutionality.

“The district court held that the minimum coverage provision falls within Congress’s authority under the Commerce Clause for two principal reasons: (1) the provision regulates economic decisions regarding how to pay for health care that have substantial effects on the interstate health care market; and (2) the provision is essential to the Act’s larger regulation of the interstate market for health insurance,” read the Court opinion, drafted by Judge Boyce F. Martin Jr.

“We find that the minimum coverage provision is a valid exercise of legislative power by Congress under the Commerce Clause and therefore affirm the decision of the district court.”

This decision is the first in which a Republican-nominated Judge has ruled in favor of the mandate, according to POLITICO. Judge James L. Graham, a Ronald Reagan nominee, partially dissented, writing: “It is difficult to see what the limits on Congress’s Commerce Clause authority would be” if the mandate were upheld.

The 6th Circuit Court of Appeals covers Kentucky, Michigan, Ohio and Tennessee.

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  • Harold Olsen

    I hope the SCOTUS overturns this ruling, though I won’t hold my breath. I have a feeling they will refuse to take it up.

  • Raggs

    These basturds can go straight to hell!

  • s c

    Perhaps they should go back to hell, since they’ve obviously done their job while here in this world. Isn’t it curious how people can waste time, money and effort and they still can’t read, think or act responsibly?
    The basic issue is whether or not the federal government has any legal or moral authority to control what Americans buy. The Founders had no problem understanding it.
    Over the years, we’ve turned out so many fakirs who pose as lawyers and judges that they no longer concern themselves with being able to read the Constitution. They do what they’re ‘told’ to do.
    And, if they’ve sold themselves to a political philosophy, the SOBs have NO right being judges, let alone trying to destroy America from within.
    It’s definitely time for some folks to pack their bags and go back to their infernal master.

  • http://contributor.yahoo.com/user/165033/larrwayne_po.html LarrWayne

    The thirties may come a little quicker this century.
    http://www.associatedcontent.com/article/2509589/new_american_way.html?cat=42

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