Michigan judge rules individual mandate constitutional
Posted on October 8, 2010 |
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US District Court Judge George Steeh has dismissed a case claiming Congress acted beyond the scope of its powers under the commerce clause when it included a requirement that individuals carry health insurance in the health reform law. “The decision whether to purchase insurance or to attempt to pay for health care out of pocket is plainly economic,” he wrote in his opinion, and this has a “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.” He concludes, “While plaintiffs describe the Commerce Clause power as reaching economic activity, the government’s characterization of the Commerce Clause reaching economic decisions is more accurate.”





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