The ACA Is Constitutional

The constitutionality of the Affordable Care Act, which Republicans lovingly refer to as "Obamacare," was upheld today by the first federal appeals court 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."

After all constitutional arguments against the Affordable Care Act have been exhausted, what will the Republicans turn to? Up to this point, the crux of their entire argument against it have been that it violates the constitution.

You may have noticed that they have completely dropped their platform of "repeal and replace" and are simply going with "repeal and do nothing."

Adding... One of the key judges in today's decision ruling in favor of the Affordable Care Act was appointed by George W. Bush and was a clerk for Justice Antonin Scalia.

  • nicole

    I believe that the constitutionality will eventually land in the SC. Unless something changes, like the unfortunate [insert sarcasm] demise of Clarence-the-Shill-Thomas, I think we all know exactly how the court will rule, and it won’t be in favor of the people.

    • JMAshby

      I actually think they will rule in favor of it.

      • nicole

        Why do you think that, Ashby?

        They’ve always ruled in favor of corporate interests, and corporate interests very much hate this law.

        • JMAshby

          You’ve got it backwards. The healthcare industry and industry professionals have no problem with the law. The individual mandate means they will have millions more customers who come pre-equipped with subsidies.

          The only people who have a problem with the law are Republican politicians and Teabaggers.

          The Republicans have a problem with it because when it fully kicks in, people will never want to part ways with it again.

          It will be a symbol of government doing positive things that work. This cannot stand!