In a vast trio of opinions that does not seem to have left anything unsaid, a Sixth Circuit Court of Appeals panel has continued the War of Words Over Healthcare, in Download Thomas More Law Ctr., et al. v. Obama (6th Cir. Case No. 10.2388, Opinions Filed June 29, 2011) PUBLIC ACCESS, also published as 2011 WL 2556039 (6th Cir. June 29, 2011)(authorized password required to access Westlaw).
Two of the three Judges voted to uphold the Constitutionality of the U.S. Patient Protection and Affordable Health Care Act on the ground that Congress has power to enact it under the Commerce Clause. This power includes Constitutional authority to impose the so-called individual mandate to purchase Health Insurance.
However, it has not been generally reported as yet that two of the three Judges also voted to decide that the same Act is not Constitutionally authorized under Congress's Taxing Power.
The widely shared view is that this decision is a way station on the way to Washington, D.C.'s highest court.
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