This is the first appeals court to rule on the constitutionality of the law. This is the signature achievement of the Democratic Party Government and President Obama. The Jewel of the Crown. Obama is going to enter History Books as the only President that achieved the Dream of Teddy Roosevelt, Franklin Roosevelt, Harry Truman, Lyndon Johnson, Bill Clinton, etc ....
The 6th Circuit Court is composed of sixteen judges and is based at the Potter Stewart U.S. Courthouse in Cincinnati, Ohio. It is one of thirteen United States courts of appeals.
The 6th Circuit Court is composed of sixteen judges and is based at the Potter Stewart U.S. Courthouse in Cincinnati, Ohio. It is one of thirteen United States courts of appeals.
POLITICO.COM
6th Circuit panel upholds individual mandate
By JENNIFER HABERKORN
June 29, 2011
6th Circuit panel upholds individual mandate
Some excerpts :
The panel of three judges — two nominated by Republican presidents — upheld the mandate 2-1, with one GOP-nominated judge ruling in favor of the mandate and the other dissenting.
The ruling marks the first time a Republican-nominated judge has ruled in favor of upholding the mandate.
“We find that the minimum coverage provision is a valid exercise of legislative power by Congress under the Commerce Clause,” Judge Boyce F. Martin Jr. wrote for the majority.
The court ruled that the mandate regulates economic activity with a substantial effect on interstate commerce, and thus is legal. The court also agreed with the federal government that Congress had reason to think that allowing people to go uninsured would allow for “free riders” to take advantage of the system — and other taxpayers.
“Although there is no firm, constitutional bar that prohibits Congress from placing regulations on what could be described as inactivity, even if there were it would not impact this case due to the unique aspects of health care that make all individuals active in this market,” Martin wrote.
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