Wednesday, June 29, 2011

Sixth Circuit says ACA Constitutional ... most likely ... for now




Or something like that. Another name for "legal-speak" is "double-speak" in my book.

I've read most of the decision- particularly Judge Sutton's contribution. First of all, I must say he is an excellent writer- especially for a judge! Not as folksy (or whatever you want to call it) as some (i.e. Scalia), but very clear and orderly. Second, many of you may recognize his name. After all, he was an AHI invited-speaker for the inaugural David Aldrich Nelson Lecture (Constitution Day). So there's a Hamilton connection (in that he spoke in the chapel. After all, the AHI is independent of Hamilton College, as we all know). Too bad he isn't an alumni- then Hamilton could claim credit for his writing skills.

He's also the first judge appointed by a Republican president to uphold the health care law. He hardly provides a stirring defense- just questions whether it truly is unconstitutional, or at least based on the current case presented.

This decision is the first from the three federal appeals courts expected to rule on the health care law this summer.

1 comment:

TJE said...

Good reporting PL. When he spoke at Hamilton, I was very impressed by Judge Sutton's thoughtfulness and articulateness.

On September 19, Professor Caleb Nelson will give the lecture named after his late father, whom Judge Sutton succeeded on the 6th circuit.