Judge Upholds Healthcare Mandate

Written by FrumForum News on Friday October 8, 2010

Politico reports:

A federal judge in Michigan has upheld as Constitutional a provision in the health care reform bill requiring uninsured individuals to purchase insurance.

U.S. District Court Judge George Steeh ruled Thursday that the so-called individual mandate — a requirement President Barack Obama opposed during the presidential campaign but later embraced as part of sweeping changes — falls squarely within Congress’s ability under the Constitution to regulate interstate commerce.

“The decision whether to purchase insurance or to attempt to pay for health care out of pocket is plainly economic, ” Steeh wrote in a 20-page opinion. “These decisions, viewed in the aggregate, have clear and direct impacts on health care providers, taxpayers and the insured population, who ultimately pay for the care provided to those who go without insurance.”

Steeh’s ruling represents a major legal victory for the Justice Department since the decision rejects the central legal argument against the landmark health care reform bill Obama signed in March and a provision that has become a focus of popular anger on the right.

The decision stemmed from a lawsuit brought by a Christian legal group, the Thomas More Law Center, and four individuals who objected to a provision in the law that imposes a penalty on those who fail to buy or otherwise obtain health insurance. The judge rejected their arguments that Congress has no authority to regulate those who opt out of the medical insurance market.

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