Ellington

This is, of course, not the last legal challenge that Health Care Reform will face, but the law signed by President Obama in 2010 has had its insurance requirement upheld as constitutional by the Sixth U.S. Court of Appeals, according to the L.A. Times.

"We find that the minimum coverage provision is a valid exercise of legislative power by Congress under the Commerce Clause," the judges said in rejecting a legal challenge to the law by the conservative Thomas More Law Center.

The logic? The administration's assertion, according to the story, is that that this is a form or regulating commerce because "a person's decision not to obtain insurance imposes a cost on others who inevitably end up subsidizing medical care for the uninsured."

The three-judge panel, incidentally, is one Democratic appointee (Carter admin), and two Republican appointees (one under Reagan, one under G.W. Bush).

Previous Comments

ID

163932

Comment

This wasn't in the L.A. Times story, but according to UPI (did you know there was still a UPI?) the ruling was 2-1, so presumably one of the GOP appointees was again' it.

Author

Todd Stauffer

Date

2011-06-29T15:16:34-06:00