Wednesday, July 6, 2011

Sanford on Sixth Circuit Health Law Decision

Sallie Sanford
Professor Sallie Sanford comments on Thomas More Law Center v. Obama, No. 10-2388 (6th Cir. June 29, 2011), the recent case upholding against a Commerce Clause challenge the Affordable Care Act's requirement that individuals have health insurance. Sallie Sanford, The Impact of a "Middle-Management" Health Care Ruling, Jurist—Forum, July 5, 2011. 

The three-judge panel issued three opinions. The opinion by Judge Jeffrey S. Sutton was the opinion of the court on one issue (the taxing power) and a concurrence on other issues. Sanford explains that this opinion is significant both because it is so well crafted and because the judge is "a highly respected jurist with solid conservative credentials." Appointed to the bench by President George W. Bush, Judge Sutton is the first Repbulican to uphold the individual mandate.

Prof. Sanford both guides us through this decision and places it in the larger context of the other challenges to the new law.

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