Posted on Wednesday, 6th July 2011 by
Surprising court watchers, the Sixth U.S. Circuit Court of Appeals has upheld as constitutional the individual mandate provision of the Patient Protection and Affordable Care Act. The Opinion is available here and was issued on June 29, 2011.
The Opinion was 2-1 with mix of concurrences and dissensions to various challenges made by the plaintiffs. The “surprise” was that on the three judge panel was Judge Jeffrey Sutton. Judge Sutton is a Bush appointee and former clerk to Supreme Court Justice Antonin Scalia. With Judge Sutton on the panel many conservatives counted on his vote against the constitutionality of the law. Judge Sutton rightly pointed out that the challengers were challenging the law before implementation in 2014 and thus faced a much higher burden of proof. He seemed to hint that “as applied” challenges (after implementation) would be an easier argument.
Notably, Judge Sutton is the first Bush appointee to uphold the law. He sided with the other Judges in criticizing the plaintiffs’ claim that Congress has no power to regulate inaction – that is, the decision by an individual not to by insurance. Judge Sutton wrote, “No one is inactive when deciding how to pay for health care.”
Also notable, Judge Sutton is an Ohio State graduate from the Moritz College of Law. So, perhaps, my fellow Ohio jurist decided to decide the matter on the law and not politics.
Similar Posts:
- Court of Appeals Hears Arguments in Healthcare Reform Case
- Federal Judge Finds Part of Health Care Reform Unconstitutional
- Supreme Court Won’t Take Health Care Case Early
- Conseco Life Insurance Blocked from Boosting Rates for Elderly Policyholders
- Changing life insurance beneficiaries during a nasty divorce may not stick
Tags: Legislation Upheld, Upheld
No Comments »