Posts Tagged ‘6th

29
Jun
11

constitutional

Think Progress

Steve Benen: In another legal win for the Affordable Care Act, the 6th Circuit Court of Appeals has ruled that the Affordable Care Act is constitutional … It is the first federal appellate bench to rule on the constitutionality of the reform law.

It’s worth appreciating the fact that the outcome today was by no means assured. The 6th Circuit is considered one of the nation’s more conservative appellate benches, and one of the judges who upheld the constitutionality of the ACA was Judge Jeffrey Sutton, a nominee of George W. Bush, and a former clerk for Supreme Court Justice Antonin Scalia. Indeed, Sutton, a Federalist Society veteran, has been described as “one of the nation’s leading advocates for conservative states-rights positions.”

Far-right activists hoped, and many assumed, Sutton would be a key ally in overturning the law. He was not. Indeed, he is the first federal judge to consider the legality of the ACA on the merits who “broke ranks” – that is, a conservative judge who sided with the Obama administration’s position.

……It’s hard to see this as anything but a major victory for the law, the administration, and common sense…..

Full post here




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