Bush Appointee Upheld "Obamacare" Law

Morning Star · Jun 30, 2011

Bush Appointee Upheld "Obamacare" Law

So far in the legal fight over President Obama's health care overhaul, both sides have had victories and defeats.

Two federal judges, both appointed by Republican presidents, have sided with conservative opponents of the law, ruling that its requirement that almost all Americans buy health insurance is unconstitutional. Three other federal judges, all appointed by Democratic presidents, have sided with the Obama administration, deciding that the law passes muster.

That's why today's news is particularly significant. In a lawsuit brought by a conservative legal center, a three-judge panel of a federal appeals court in Cincinnati ruled in the law's favor. One of the two judges in the majority, Judge Jeffrey Sutton, was appointed by President George W. Bush, and even clerked for Supreme Court Justice Antonin Scalia, the leader of the court's conservative wing. It marks the first time that a judge has ruled against the party that appointed him on the law's constitutionality--as well as the first time an appeals court has ruled on the issue.

"No one is inactive when deciding how to pay for health care," wrote Judge Sutton, rejecting a key argument of the law's opponents. They claim that forcing people to pay a fine for not buying insurance amounts to regulating inactivity, something, they argue, that's not covered as a legitimate target of regulation under the Constitution's Commerce Clause.

The ruling was a victory for the Obama administration, but it could turn out to be short-lived. Nearly everyone expects the dispute ultimately to be resolved before the Supreme Court, and court-watchers say it's difficult to predict which way the justices will rule.
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My Take

The healthcare law is a wee bit rushed, but it's better than having a strictly privatized business or businesses taking advantage of people and their financial means to live long. The poor and middle class suffers the most since quality assured healthcare is dependent on how much money you have. You'll have to be in the seven digits to even get more attention and push to maintain your health, when in fact the lower or working class are the backbones of this country.

This is also an interesting ruling given that a conservative appointee made some articulated points. This is far from over, however, so we simply need to keep our eyes peeled. And when the entire law takes effect in three years, here's hoping for the best.

More information HERE.

Mighty Quinn · Jul 3, 2011

This doesn't surprise me, given this healthcare law is essentially a Republican plan. This little experiment puts a lot of faith in the "free market." There exists no way to control costs, at least without some sort of public insurance exchange.

Morning Star · Jul 4, 2011

Agreed. I swear, they (GOP) want to see this country fail.

jehosafats said: ↑

This doesn't surprise me, given this healthcare law is essentially a Republican plan. This little experiment puts a lot of faith in the "free market." There exists no way to control costs, at least without some sort of public insurance exchange.
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Bush Appointee Upheld "Obamacare" Law

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