Michigan Judge Upholds Provisions in Health Care Law

CBS

A federal judge in Michigan has rejected a constitutional attack on President Obama's health care overhaul, ruling that Congress did not exceed its authority when it passed the landmark legislation requiring people to buy health insurance.

Federal Judge George Caram Steeh rejected claims by the Thomas More Law Center and several Michigan residents, who argued they should not be required to buy into a health plan that could fund abortions. Today's decision focused on two constitutional issues: whether the law violated the Commerce Clause, because it exceeded Congress' authority, and whether it amounted to an unconstitutional tax.

Although the decision is the first case to reach the merits on the Commerce Clause, it should go without saying that the issues are far from resolved. It's like a tropical storm brewing in the ocean that hasn't quite made it to hurricane status. For one, this case is certain to be appealed, and more importantly, the two major lawsuits -- one in Florida and another in Virginia -- have yet to be decided. Those lawsuits involve challenges by more than a dozen state attorneys general and governors.

All of the cases are gathering strength to make landfall at One First Street -- the Supreme Court.

Still, it is the first case to reach the merits on the Commerce Clause issue, which is one of the more compelling legal arguments against the health care reforms. Under the Commerce Clause, Congress has power to regulate economic activity. These lawsuits argue the Constitution does not give Congress the power to regulate economic inactivity.

The judge rejected those arguments, ruling that Congress had power to pass the law because it had a substantial effect on interstate commerce and was part of a broader regulatory scheme.

[documemts]

Yes!

[M_Miles]

The Federal Judge states that the Obama health care is mandatory for all and the Executive Branch states that some, including Unions are exempt from the Obama health care law.

Does that mean the Executive Branch is going against the law as set down by the the Federal Judge?

[royalty35]

USA is no longer a place of freedom. Thanks to Obama for that one and to all who voted for him. You have taken away our freedom that we have fought so hard to achieve. How dare you?! Will anyone fight back? Are we still Americans? We need to stand up against this. How do they find it constitutional to force Americans to purchase Health insurance? They will be forcing even more Americans into poverty. So many americans cannot afford to put food on the table for their families and now you are going to force them into purchasing health insurance? Where will the money come from? You are going to take the food from the mouths of the children now. Obama, How dare you?

[thebob-bob]

Not since George Bush insisted that the government can spy on its own citizens and since his SCOTUS appointees ruled that Corporations have inalienable Constitutional rights to secretly fund propaganda campaigns during elections.

[earlysaid]

Miles you are wrong. royalty 35 you are wrong. No one is exempt from the Health Care Reform. It will apply to all government employees and everyone in the country. You have some bogus republican anti-union dogma right there. You royalty are just outright delusional if you think your freedom is gone. You are just as free today as you ever were. When you have decent health care you will be a lot better off and probably thankful you have it. The health care reform will be beneficial to the country. If you republicans want the facts about health care reform it is available to you on the government website. You won't get the truth about health care reform from Fox News or any other conservative anti-health care for America spigat out there. Can't you understand that the health care industry was against this. Because they don't want to see their billions of dollars of profit in jeopardy. Providing decent care to more Americans who need health coverage and health insurance is the right thing to do.

[DelawareJack]

Ummm .. Sniff ..... Sniff .... Sniff .. Hmmmmm .. that foul stench emanating from Michigan, specifically that odorous, reeking of a payoff coming out from the chambers of one Federal Judge George Caram Steeh is no doubt reaching all the way back to its original starting point .... from the oval office in washington, dc .. But, once again, we will see yet another crooked deal set in motion by the community organizer backfire big time on Tuesday, November 2, 2010 .. Keep It Up ...and odds of 100 seats in the house going to the GOP gets better and better, not to mention the GOP getting hold of the senate as well ! LMAO !!

[rox50]

Mr. Steeh agreed with the government's contention that the interstate commerce clause of the Constitution covers not just "economic activity" but also "economic decisions". Take a moment to think about how many of your daily activities are "economic decisions", and you'll realize the power this unelected, unaccountable man says the government has over you. Is America still the land of the free? Not after this decision.

[rock0267]

For all you people who keep bringing up the emergency room and people who use it to get out of paying their bills. You really need to educate yourselves. The law says that nobody can be turned down from emergency services, regardless of ability to pay. It does NOT mean they do not pay for these services. Services are not free and they WILL get billed for them like anybody else. I work in a hospital. I know what I am talking about. EVERYBODY who goes to an emergency room WILL be billed for it. MANY people take these responsibilities seriously and make payment arrangements and do end up paying most or all of their medical bills over time. It is NOT a free service. It is NOT something your 'tax dollars' always pay for. Yes, some services do get written off as 'uncompensated care' after some time and there are tax dollars that pay hospitals a certain percentage of this back. But, you have businesses writing off credit accounts all the time. But, make no mistake, it is not FREE.

[incog-nito]

Writing off credit accounts all the time = it's free.

[pasha128]

"The judge rejected those arguments, ruling that Congress had power to pass the law because it had a substantial effect on interstate commerce and was part of a broader regulatory scheme." The portion "because it had a substantial effect on interstate commerce and was part of a broader regulatory scheme" comes straight from the Supreme Court ruling allowing feds to interfere with California's Medical Marijuana law involving Marijuana both grown and sold inside the State of California therefore was not involved in interstate commerce. ---------------------------------------------------------------------------

by MrLagg October 7, 2010 9:03 PM EDT
Well then, almost everything that Congress does can be considered Constitutional, because all they need to do is demonstrate that the absence of doing it will affect interstate commerce. We have confirmed the loss of our status as free men today. --------------------------------------------------------------------------- Your complaint should be ADDRESSED TO THE BUSH ADMINISTRATION and Alberto Gonzales' Justice Department that argued for this court decision.

[stormerF3]

How is this going to wash when the White House is already making deals with large Corporations to keep insuring their employees and not dropping them for the fine? Like the McDonalds deal,they get special treatment? Is the Mandate a Tax or is it Not? Obama promised absoultely no new taxes,not one dime,Time ,after Time,after Time.

[infantryman1968]

hhahahahahahahaah The Peoples Republic of Michigan has spoken!

[incog-nito]

There are some in America who want insurers to be able to deny coverage to anybody they want. They want employers to be able to not provide health benefits if they want. They want to get rid of Medicare for the elderly, and any other public programs.

And of course, they don't want people who cannot get private insurance to have any other alternative such as the public option. If those people get very sick, they don't want the government to help in any way.

In other words, they want to let the elderly, the disabled, people with pre-existing conditions, or anybody who cannot get private insurance, they want those people to simply go home and die. There is no other logical explanation.

[RobAla]

Who are these people? Nobody I know. I hate the horrible health care bill that was passed, against the will of the majority of Americans - and passed by legislators who had not prior read the bill. It is a bad bill, which will cause the majority of Americans to have higher cost for health care. It was the Democrats, this year, who cut Medicare by $500 billion. I don't want the same cold entity that runs the IRS (the federal government), to run health care for my family. Just because a person hates what this President and Congress has given the nation in this terrible health care bill, it does not mean that I want people to die. It is the opposite. I see Washington adding to the suffering of Americans.

[Bisk1]

RobAla, how exactly are they adding to the suffering of Americans when this bill will ensure millions more Americans are insured ?? Unless, you're a major health insurer, i don't understand how this health bill affects YOU negatively ?? It's sad when all Repugs want to do is see this country fail under our POTUS - this POTUS is doing everything he possibly can and it will be in your best interests to support this POTUS and get this country back on track.