Wednesday, February 23, 2011

Healthcare Law Wins One More

Yet another court case about the healthcare law has ended with a judge upholding the law.

A federal judge on Tuesday upheld the health care reform law signed last year by President Barack Obama and found that Congress had the clear authority to regulate health insurance under the Commerce Clause of the Constitution.

U.S. District Judge Gladys Kessler’s 64-page ruling takes aim at the argument espoused by many conservatives which holds that the passive act of not purchasing health insurance does not constitute an activity that can be regulated under the Commerce Clause.

“It is pure semantics to argue that an individual who makes a choice to forgo health insurance is not ‘acting,’ especially given the serious economic and health-related consequences to every individual of that choice,” Kessler writes. “Making a choice is an affirmative action, whether one decides to do something or not do something. They are two sides of the same coin. To pretend otherwise is to ignore reality.”

Earlier this month when a judge here in Florida ruled the law unconstitutional, the news got banner headlines and the right wingers hailed it as the end of the line for the law. I wonder if they’ll even notice this ruling, or if they do, they’ll give it the same weight. Somehow I doubt it.