Says Jonathan Adler:
A divided panel of the U.S. Court of Appeals for the Sixth Circuit, in an opinion by Judge Martin, has upheld the individual mandate against a Commerce Clause challenge. The same panel, in an opinion by Judge Sutton, rejected the argument that the mandate can be sustained as an exercise of the federal government’s taxing power (which means, to date, no court has accepted the taxing power argument).
Here’s the decision, and Ed Morrissey has more over at Hot Air. This ruling doesn’t concern the massive multi-state case against ObamaCare, which is important to keep in mind. Today’s ruling deals with the Thomas More Law Center’s case. This will all end up at the Supreme Court in any regard, so let’s pray that Anthony Kennedy wakes up on the Right side of the bed they day they hand down their ruling.
Join the conversation as a VIP Member