6th Circuit Finds Affordable Care Act is Constitutional - July 6, 2011

A three-judge panel from the 6th Circuit Court of Appeals on June 29 upheld a lower court ruling, Thomas Moore Law Center v. Obama, finding that the Affordable Care Act (ACA) is constitutional. At issue in the case is whether Congress can require all individuals to purchase health insurance under the Commerce Clause. By a two-to-one majority, the court determined that Congress can require individuals to purchase insurance, because the decision not to do so has significant effects on interstate commerce. Of particular note is that the majority included Judge Jeffrey S. Sutton, a George W. Bush appointee. It marked the first time among all challenges to the ACA that a judge has broken partisan lines. The 4th Circuit and 11th Circuit will issue separate rulings on the ACA later this summer; it is expected that at least one of the challenges will make its way to the Supreme Court for review in the coming year.