First Appeals Court Test Of Obama Health Care Law: It Is Constitutional!

In the first appeals court test of Barack Obama’s Health Care Reform this week, the Sixth Circuit Court of Appeals in Cincinnati voted 2-1 that the law was constitutional!

There will be two more such judgments by Courts of Appeal in Atlanta and Richmond, before the subject goes to the US Supreme Court for final judgment this coming term.

Interestingly, the two judges voting in favor were a Carter appointee and a George W. Bush selection, while the one judge opposed was a Reagan pick.

The majority upheld the concept that an individual “mandate” to buy health insurance was legitimate, as refusing to insure oneself puts the burden on everyone else when a person not insured ends up having to obtain health care that he has not paid for. The financial burden, therefore, falls on others because a person is irresponsible in obtaining his own health care, but cannot be denied care, nevertheless.

So the majority upheld the Commerce Clause of the Constitution as making mandated health insurance coverage an acceptable use of federal power!

In five District Court judgments, judges have divided directly on partisan limes, with three Democratic appointees backing the law, and two Republican selections opposing the legislation.

So it will be up to the Supreme Court, in what will be one of the most watched and significant cases in the next term of the Court, and just in time for the Presidential Election of 2012!

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