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Federal appeals court upholds constitutionality of heath care reform

By David Edwards
Wednesday, June 29, 2011 13:50 EDT
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The constitutionality of President Barack Obama’s Affordable Care Act was upheld Wednesday by one of the first federal appeals courts to hear the case.

The Sixth Court of Appeals’ three-judge panel agreed 2-1 with a federal judge in Michigan who had ruled that the government could require Americans to purchase minimum insurance coverage.

“We find that the minimum coverage provision is a valid exercise of legislative power by Congress under the Commerce Clause and therefore AFFIRM the decision of the district court,” Circuit Judge Boyce F. Martin, Jr. wrote for the court (PDF).

“The minimum coverage provision regulates activity that is decidedly economic,” he continued. “[T]he financing of health care services, and specifically the practice of self-insuring, is economic activity.”

The health care reform law has been upheld by three lower-level district courts. Two other district courts have struck down all or part of it.

David Edwards
David Edwards
David Edwards has served as an editor at Raw Story since 2006. His work can also be found at Crooks & Liars, and he's also been published at The BRAD BLOG. He came to Raw Story after working as a network manager for the state of North Carolina and as as engineer developing enterprise resource planning software. Follow him on Twitter at @DavidEdwards.
 
 
 
 
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