CATO INSTITUTE: Health Care Ruling Was "Constitutionally Corrupt"

Last week, the US Court of Appeals for the Sixth Circuit became the first appellate court to rule on the constitutionality of the Patient Protection and Affordable Care Act. Upholding the district court's dismissal of the challenge, the court ruled 2-1 that the individual mandate is a valid exercise of Congress's power to regulate interstate commerce. Perhaps most surprising was Judge Jeffrey Sutton's concurrence upholding the mandate. A former clerk to Justice Antonin Scalia who was appointed to the bench by President George W. Bush, Sutton is considered one of the leading conservative jurists in the country. Many are hailing Sutton's opinion as an admirable example of non-partisan judicial reasoning because of this reputation.


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