Conservative Thomas More Law Center challenges 'Obamacare'

Detroit Federal District Judge George Caram Steeh ruled last week that the Thomas More Law Center and the four Michigan plaintiffs it represented had standing to challenge the Health Care Reform Act and that the challenge was ripe for review. The judge held, however, that Congress has the authority under its Commerce Clause power to enact the individual mandate provision of the Act, which requires individuals to purchase health care insurance under penalty of federal law. Steeh is the first judge to nationally rule on the key objection to the law. The Thomas More Law Center, a national Christian public interest law firm based in Ann Arbor, sued on behalf of itself and four plaintiffs. By ruling in favor of the plaintiffs on all the jurisdictional issues, the case is in a posture for review by federal appellate courts on the substantive issue of whether the health care law violates the Commerce Clause. According to the Law Center, the court took the extraordinary step of concluding that Congress' Commerce Clause power does not end at regulating economic activity. Rather, this power can be extended to regulate economic decisions whether made consciously or not. The court stated, "While plaintiffs describe the Commerce Clause power as reaching economic activity, the government's characterization of the Commerce Clause reaching economic decisions is more accurate." Rob Muise, The Law Center's senior trial counsel who handled the case commented, "This decision is ripe for appeal, which we intend to do expeditiously." Published: Mon, Oct 11, 2010

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