Yesterday鈥檚 6th Circuit Court of Appeals decision upholding the health law鈥檚 constitutionality has bloggers opining about what it might mean for a Supreme Court ruling and just who can count themselves the winner in the decision. Many consider a Republican appointee joining a Democratic appointee in upholding the constitutionality of the law as the most significant development in the saga.
In the , Timothy Jost says the ruling is a significant victory for the Affordable Care Act for three reasons: 鈥淔irst, it is the first ruling by a federal appeals court on the constitutionality of the ACA. So far three district courts have upheld the minimum coverage requirement (), two have struck it down.聽 But this is the first appellate level court to weigh in. Second, the decision contains three thoughtful, well-reasoned opinions, two upholding the law and one that would have struck it down. 聽The opinions thoroughly explore the arguments of both sides as well as ruling precedent. Third, Judge Jeffrey Sutton, who concurred in the decision, is the first judge appointed by a Republican president (Bush II) to uphold the law on the merits.鈥�
Ezra Klein in his says the ruling also 鈥渆nds with a pointed reminder that the Supreme Court has traditionally 鈥榚rred on the side of allowing the political branches to resolve the conflict,鈥� and an assurance that 鈥榯ime assuredly will bring to light the policy strengths and weaknesses of using the individual mandate as part of this national legislation, allowing the peoples鈥� political representatives, rather than their judges, to have the primary say over its utility.鈥欌��
Over at , Ian Millhiser writes more on Jeffrey Sutton, the George W. Bush appointee to the appeals court that ruled in favor of the constitutionality of the health law. Sutton 鈥渟erved as an officer in the conservative Federalist Society鈥檚 Federalism and Separation of Powers practice group, and was one of the nation鈥檚 leading crusaders for expanding the role of the states at the federal government鈥檚 expense. 鈥� So he is exactly the kind of person who would be extremely sympathetic to the conservative claim that the Affordable Care Act exceeds Congress鈥� lawful authority.鈥� Except that he wasn鈥檛 on this day, Millhiser notes.
At the National Review鈥檚 blog, Grace-Marie Turner writes that a careful reading of the decision could indicate Judge Sutton was inviting聽the Supreme Court to step in to limit federal power. Turner quotes Sutton:
Today鈥檚 鈥渜uestion鈥� about the 鈥渆xtent of the powers鈥� granted to Congress goes primarily to its commerce power to compel individuals to buy something they do not want (medical insurance) as part of a regulatory system that a majority of elected representatives do want (national health care). If the commerce power permits Congress to force individuals to enter whatever markets it chooses, any remaining hold on national power will evaporate.
Turner鈥檚 interpretation: 聽鈥淚t sounds like an open invitation for the U.S. Supreme Court to put limits on Commerce Clause interpretations.鈥�
In the meantime, Ilya Shapiro at writes that the decision 鈥渨as an exercise in聽unwarranted judicial deference, not by the author of the majority opinion, Judge Boyce Martin, who regularly rubberstamps misuses of federal power, but by concurring Judge Jeffrey Sutton, who avoided the logical implications of this ruling and punted the main issue to the Supreme Court.鈥� Shapiro commends Sutton for describing the Supreme Court鈥檚 鈥渋nflation of federal authority over the last 75 years,鈥� but says he 鈥渉as it backwards in saying that it鈥檚 not the role of the lower courts to invalidate legislation that goes beyond even the modern warped doctrine; the decision on whether to聽expand聽existing Supreme Court precedent is precisely that ultimate court鈥檚 alone.鈥�
Hans von Spakovsky at The Heritage Foundation鈥檚 blog says 鈥淚n recent years, the Sixth Circuit has achieved a growing reputation for not just reversals, but聽summary聽reversals at the Supreme Court. In a summary reversal, the Supreme Court unanimously reverses a lower court decision without hearing argument or even having a full merits briefing鈥攂ecause the decision is so clearly wrong. It is a sure sign of an activist court misapplying the law.鈥� Also, he writes, 鈥淭he fact that this decision came down today 鈥� in the same week that the Supreme Court ended its current term 鈥� just about guarantees that the Court will have the opportunity to review the statute in its fall term.鈥�