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The Sixth Circuit Decision

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It is a very disappointing result, especially Judge Sutton’s opinion. He was clearly conflicted but in the end sides with the vast expansion of the Commerce Clause power, an expansion that will effectively eradicate the limits on the Commerce Clause if Justice Kennedy accepts it.

All of the opinions are here. The only good news here is that perhaps the speed of the panel’s action will accelerate the case and its parallel actions to an earlier argument and decision.

It seems crazy for the Supreme Court to allow this law to roll out and so greatly burden the economy, the future of medicine and the lives of individuals (not to mention all the doctors present and possibly in the future who are waiting to see if they will be de facto employees of the federal government.)

There are great and wonderful reasons for the Supreme Court to collect the views of lower courts on this issue, but with a dozen opinions in hand and the certainty of wide briefing, getting to Justice Kennedy’s view sooner rather than later makes abundant sense.

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