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Home » Business » The Affordable Care Act is Constitutional said 6th Circuit Court of Appeals Judges

The Affordable Care Act is Constitutional said 6th Circuit Court of Appeals Judges

By Jim Kaine on June 29, 2011

Scales of Justice Graphic - DNRDigital News Report – The 6th Circuit Court of Appeals ruled that the Affordable Care Act is constitutional in the case of Thomas More Law Center versus Obama. This is the first time that an Appeals Court ruled based on the constitutionality of the legislation.

The ruling said,

“…the minimum coverage provision is a valid exercise of legislative power by Congress under the Commerce Clause…”

And in response to the claim that the individual is inactive in the health care market Judge Martin responded by writing,

“Furthermore, far from regulating inactivity, the minimum coverage provision regulates individuals who are, in the aggregate, active in the health care market…The vast majority of individuals are active in the market for health care delivery because of two unique characteristics of this market: (1) virtually everyone requires health care services at some unpredictable point; and (2) individuals receive health care services regardless of ability to pay. Virtually everyone will need health care services at some point, including, in the aggregate, those without health insurance. Even dramatic attempts to protect one’s health and minimize the need for health care will not always be successful, and the health care market is characterized by unpredictable and unavoidable needs for care.” ,

The WhiteHouse blog said that a number of court cases are challenging The Affordable Health Care Act that President Obama signed into law.

By: Tim Edwards

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  5. Lawsuit To Be Filed Against Health Care Bill – 14 States Join Bandwagon

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