Tonight, Fox News reported that the Obama healthcare law was upheld by a federal court.
They were right!!
They reported that the case was one of 30 legal challenges to Obamacare, which greatly minimizes the importance of the story. True but incredibly misleading!!
They forgot to mention:
1. This was the first time that a federal *appeals* court has considered the Obamacare law, making this a very significant legal decision.
2. One of the judges (Jeffrey Sutton) who wrote in favor of the “Obamacare” law today:
A. was a law clerk for Supreme Court justice Scalia (the “uber justice” for conservative principles)
B. was appointed by George W. Bush
C. is favored by conservatives for consistently pushing for states’ rights, as noted by the Washington Post here
D. is likely to be agreed with by U.S. Supreme Court conservatives, and
E. explained today in great detail why the healthcare law is valid under the Constitution (specifically, why the law’s requirement that every American must purchase health insurance is a valid exercise of Congress’ power under the commerce clause).
In my view, Judge Sutton has ended conservatives’ hopes for Obamacare to be killed in the courts. (This is my prediction and I am not suggesting that Fox News should have reported it.)
Unfortunately, on this major development, Fox News viewers simply don’t know what is going on, because this important news has not been reported to them.
The opinion of the 6th Circuit court of appeals is here: http://www.ca6.uscourts.gov/opinions.pdf/11a0168p-06.pdf