Read time: 1 minute

Affordable Care Act Constitutionality Upheld By 6th Circuit

The Affordable Care Act won a big round today in the 6th Circuit Court of Appeals when a court with two Republican appointees and one Democratic appointee ruling it constitutional. For anyone keeping score, that means 4 out of 6 appellate courts

The Affordable Care Act won a big round today in the 6th Circuit Court of Appeals when a court with two Republican appointees and one Democratic appointee ruling it constitutional. For anyone keeping score, that means 4 out of 6 appellate courts have upheld its constitutionality. But what makes this decision particularly significant is that it broke the partisan chokehold around it during its journey through the courts.

Adam Serwer:

Martin's decision rejected the notion that going without health insurance constitutes an "inactivity" that can't be regulated under the Commerce Clause, noting that, "The uninsured cannot avoid the need for health care, and they consume over $100 billion in health care services annually." Martin adds that "Self-insuring for the cost of health care directly affects the interstate market for health care delivery and health insurance. These effects are not at all attenuated as were the links between the regulated activities and interstate commerce in Lopez and Morrison."

That last point is key, because Republican appointees concocted the "inactivity/activity" distinction as a rhetorical loophole to appeal to Justice Antonin Scalia. Scalia argued in a recent medical marijuana case that " "where Congress has the authority to enact a regulation of interstate commerce, it possesses every power needed to make that regulation effective."

This is a big win and a big deal, assuming that certain justices on our current Supreme Court can be trusted to actually be intellectually honest about how they rule in certain cases. But before it gets there, two more circuit courts need to rule on it -- the Fourth and Eleventh Circuit Courts, who have similar cases pending.

Can you help us out?

For 17 years we have been exposing Washington lies and untangling media deceit, but now Facebook is drowning us in an ocean of right wing lies. Please give a one-time or recurring donation, or buy a year's subscription for an ad-free experience. Thank you.

More C&L Coverage

Discussion

New Commenting System

Our comments are now powered by Insticator. In order to comment you will need to create an Insticator account. The process is quick and simple. Please note that the ability to comment with a C&L site account is no longer available.

We welcome relevant, respectful comments. Any comments that are sexist or in any other way deemed hateful by our staff will be deleted and constitute grounds for a ban from posting on the site. Please refer to our Terms of Service (revised 3/17/2016) for information on our posting policy.

Please Do Not Use the Login Link at the Top of the Site.

In order to comment you must use an Insticator account. To register an account, enter your comment and click the post button. A dialog will then appear allowing you create your account.

We will be retiring our Crooks and Liars user account system in January, 2021.

Thank you.
C&L Team