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.