Podcasts & RSS Feeds
Most Active Stories
- This ballot proposal is critical to Michigan's economy, but most people won't bother to vote on it
- What explains Michigan's large Arab American community?
- Some think their immigrant ancestors were the last that should be allowed in the U.S.
- Michigan Republican Party's tactics remind me of Watergate, because both were unnecessary
- Michigan's campaign for governor gets weird as Republicans deploy spyglasses
Wed June 29, 2011
Federal appeals court affirms Michigan ruling on Obama health care law
A case which was brought in part by Michigan residents against President Obama's health care legislation received a major defeat today as a federal appeals court ruled its mandate rules as constitutional.
From ABC News:
In a victory for the Obama administration, a federal appeals court has upheld the constitutionality of the Affordable Care Act. The decision marks the first time an appellate court has weighed in on the issue and also the first time a judge, appointed by a Republican president, has voted to uphold the law.
The case stems from a challenge from the Thomas More Center, a public interest law firm, and four Michigan residents who claimed that the individual mandate -- the portion of the law that requires individuals to buy health insurance by 2014 or pay a tax penalty-- is unconstitutional.
In his opinion Judge Boyce F. Martin Jr. of the 6th Circuit Court of Appeals said the law is constitutional under the Commerce Clause because the provision "regulates economic activity" with a "substantial" effect on interstate commerce.
"In addition, " he wrote, "Congress had a rational basis to believe that the provision was essential to its larger economic scheme reforming the interstate markets in heath care and health insurance."
Martin, who was appointed to the bench by President Jimmy Carter, was joined in the decision by Judge Jeffrey S. Sutton, who was appointed to the bench by President George W. Bush. Before today every other judge who had voted to uphold the law was nominated by a Democratic president and those who voted against it were nominated by a Republican president.
-Brian Short, Michigan Radio Newsroom