Federal Judge In D.C. Upholds Health Care Reform, Says Some Arguments 'Ignore Reality'

Federal Judge In D.C. Upholds Health Care Reform, Says Some Arguments 'Ignore Reality'
Ryan J. Reilly | February 22, 2011, 7:51PM

A federal judge on Tuesday upheld the health care reform law signed last year by President Barack Obama and found that Congress had the clear authority to regulate health insurance under the Commerce Clause of the Constitution.

U.S. District Judge Gladys Kessler's 64-page ruling (below) takes aim at the argument espoused by many conservatives which holds that the passive act of not purchasing health insurance does not constitute an activity that can be regulated under the Commerce Clause.

"It is pure semantics to argue that an individual who makes a choice to forgo health insurance is not 'acting,' especially given the serious economic and health-related consequences to every individual of that choice," Kessler writes. "Making a choice is an affirmative action, whether one decides to do something or not do something. They are two sides of the same coin. To pretend otherwise is to ignore reality."

Kessler, however, rejected the argument that Congress had the authority to enact the Affordable Care Act under the General Welfare Clause because Congress "did not intend to operate as a tax."

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http://tpmdc.talkingpointsmemo.com/2011/02/federal-judge-in-dc-upholds-health-care-reform-says-some-arguments-ignore-reality.php

politically motivated.

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Kessler, however, rejected the argument that Congress had the authority to enact the Affordable Care Act under the General Welfare Clause because Congress "did not intend to operate as a tax."


If I read this correctly - it's saying it became a law with an improper procedure (majority votes) instead of the 60 votes.

There are multiple clauses that were invoked.... Commerce, Necessary and Proper, and General Welfare.

Jump to page 26 if you don't want to read the whole thing.

edit: spelling

No big deal. The Commerce Clause will carry the day.

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