Sixth Circuit upholds health care law

In the first appellate review of the Obama administration's 2010 health care law, a divided panel of the U.S. Court of Appeals for the Sixth Circuit held that it is constitutional for Congress to require Americans to buy health insurance.  The Fourth and Eleventh Circuits also recently heard arguments on health care legislation and are expected to deliver opinions soon.  It is widely expected that the Supreme Court will take one or more of the cases, maybe as soon as the October term.

The opinion in the 2-to-1 ruling was authored by Hon. Jeffrey S. Sutton, a Bush appointee, and Hon. Boyce F. Martin Jr., a Carter appointee.  In the lower courts, 3 Democratic appointees upheld the law, while 2 Republican appointees rejected it.   Sutton is viewed by many as a reliable conservative, but lawyers interviewed for the Almanac of the Federal Judiciary said he is ultimately fair.  "The general perception is that he is a more conservative judge, but I felt he took a very hard look at my position. He ultimately disagreed, but I felt that he listened and was fair."