BREAKING: 6th Circuit Upholds Constitutionality of Affordable Care Act | The majority writes: “We find that the minimum coverage provision is a valid exercise of legislative power by Congress under the Commerce Clause and therefore AFFIRM the decision of the district court.” Key passage:
By regulating the practice of self-insuring for the cost of health care delivery, the minimum coverage provision is facially constitutional under the Commerce Clause for two independent reasons. First, the provision regulates economic activity that Congress had a rational basis to believe has substantial effects on interstate commerce. In addition, Congress had a rational basis to believe that the provision was essential to its larger economic scheme reforming the interstate markets in health care and health insurance.
Judge Jeffrey Sutton, one of the judges who voted to uphold the act, clerked for Scalia, and was nominated by George W. Bush.
Check out a detailed analysis of the decision here.