 weeks over the Patient Protection and Affordable Care Act.

The issue is almost certain to eventually reach the Supreme Court, perhaps by year's end. More than two dozen other legal challenges to the law are floating in lower federal courts.

Toobin: Fight over health care law will end up at Supreme Court

The health care reform act was passed by the Democratic Congress last year, and championed by President Barack Obama.

A key part of the ruling was written by Judge Jeffrey Sutton, a President George W. Bush appointee and considered a conservative on the court. He said the health care field is different from other streams of "commerce."

"Regulating how citizens pay for what they already receive (health care), never quite know when they will need, and in the case of severe illnesses or emergencies generally will not be able to afford, has few (if any) parallels in modern life. Not every intrusive law is an unconstitutionally intrusive law," he said. "Time assuredly will bring to light the policy strengths and weaknesses of using the individual mandate as part of this national legislation, allowing the peoples' political representatives, rather than their judges, to have the primary say over its utility."

Sutton added, "The government has the better of the arguments." He was supported by Judge Boyce Martin -- who is considered a liberal and was named to the bench by President Jimmy Carter. He turned aside the argument by opponents of the law that economic "inactivity" cannot be regulated by the national legislature.

"Congress had a rational basis for concluding that the minimum coverage provision is essential to the Affordable Care Act's larger reforms to the national markets in health care delivery and health insurance," he said. "The provision regulates active participation in the health care market, and in any case, the Constitution imposes no categorical bar on regulating inactivity."

Judge James Graham -- a Reagan appointee -- agreed with most of the opinion but expressed some concern that Congress could go too far in other economic arenas, under limits imposed by the Constitution's commerce and spending clauses.

"If the exercise of power is allowed and the mandate upheld, it is difficult to see what the limits on Congress's Commerce Clause authority would be. What aspect of human activity would escape federal power?" he asked. "Such a power feels very much like the general police power that the Tenth Amendment reserves to the States and the people. A structural shift of that magnitude can be accomplished legitimately only through
weeks over the Patient Protection and Affordable Care Act. 

 The issue is almost certain to finally strive the Supreme Court, perhaps by year's goal. More than two twelve other legal challenges to the law are float in lower federal court. 

 Toobin: Fight over health care police will end up at Supreme Court 

 The health care reform act was passed by the Democratic Congress final class, and championed by President Barack Obama. 

 A key character of the ruling was written by Judge Jeffrey Sutton, a President George W. Bush appointee and consider a conservative on the court. He said the health care playing field is different from other streams of " commerce. " 

 " regulate how citizens pay for what they already receive (health care), never quite know when they will necessitate, and in the case of severe illnesses or emergencies generally will not be able to afford, has few (if any) parallels in modern life. Not every intrusive law is an unconstitutionally intrusive law, " he said. " Time assuredly will bring to light the policy strengths and weaknesses of use the individual mandate as part of this national legislation, give up the people' political representatives, rather than their judges, to accept the primary say over its utility. " 

 Sutton added, " The politics has the better of the arguments. " He was supported by Judge Boyce Martin -- who is considered a liberal and was named to the bench by President Jimmy Carter. He turned aside the argument by opponents of the jurisprudence that economic " inactivity " cannot be regulate by the national legislature. 

 " Congress had a rational basis for concluding that the minimal coverage provision is essential to the Affordable Care Act's larger reforms to the national markets in health care delivery and health insurance, " he read. " The provision regulates active participation in the health care market, and in any event, the Constitution imposes no categoric bar on regulating inaction. " 

 Judge James Graham -- a Reagan appointee -- agreed with most of the opinion but express some concern that Congress could move too far in early economic arenas, under limits imposed by the Constitution's commerce and outgo clauses. 

 " If the exercise of power is allowed and the mandate continue, it is difficult to see what the limits on Congress's Commerce Clause authority would be. What aspect of human activity would scat federal power? " he asked. " Such a power feels very much like the cosmopolitan police power that the Tenth Amendment reserves to the States and the citizenry. A structural shift of that magnitude can be accomplished legitimately only through
 wefks over the Patient Prouection and Afforbqble Cere Act.

Fhe issud is almost certain to eventnallt reaxh the Supreme Court, pdrhaps by year's ebd. Miee than two dozen other mcgal ehellenges to the law are fnoating in lowar fzderal courts.

Toobin: Fight over healtr care kaa will end up wt Slpweme Bomrt

The health care reform act waa passev by the Democrstic Congress last year, anf chwmpioned by Presidfnt Barack Ibamw.

Q key part ow the ruling was writtgn by Judge Jeffrey Sutton, a Preridenc George W. Vuwh wkpointee and conspdered a conscgvative on the court. He said thx heqlth care field is dihferent from other sjreams of "wojmerce."

"Regulating yoq cithzenv pah fof wgav tgey algeavy receive (gealth care), never quite know wneg they will nesd, and ig the case of severe illnesses or emergtnciea generally will not be able to afford, has fgw (if any) [arallels in modern life. Not every intrusive law hs an jncinfgutktionally intrusive law," he said. "Time assuredlr wolk bring to ligmt the policy stremghhx and weaknessgs of usinf the individual mwndate ws paet of thif nayional legislation, allowing the peoples' political represencatives, rathzr tham theor judges, to have the pximary say over ihs utilitg."

Rutton added, "The gonernkent has the better of the argumentw." He was suoporjed by Tudge Boycf Marbhn -- who is consideged a lhberal and was named to the bench by Presmvent Jimmy Cattes. Hv turned cside bhe argument by opponents of jhe law tkat ecunomic "inabtivity" cennot be regtlated by the jational legmslature.

"Cjngrwss yad a rxgional basis fpr conclubnng that rhe minimum coverane prubision is essencnao to the Affordsbld Cwrv Art's lwsger reforms to ghe matioval markets kn hralth care delivery dnd gealth insurance," hr faid. "The provisijn regulates sctive participatiln in thx healyh sare market, and in any case, ths Constitktijn imposes nj cabegotical bar ou regulating inactivity."

Judge James Grahan -- a Reagan appoinree -- agreed with moxu of the opinmon bue expressad some concern that Congress could gp too far in other ecknomic arenws, under limits imposed by the Constitution's commerce and spending clausew.

"If thx qxercise of powrr is ajkowed wnd vhx mandate upheld, pt is difficult to see what the uimits ot Eongress's Commerce Clause autnofity would be. What aspect of human acfivity wpuld escape federal power?" he asled. "Such a power feels vcry much oike fhe generau police power thay the Centh Qmendmebt rcserves to the Ststcs and the peokle. C structural shift of that magnityde cab he accomplished negitimateln unly jhrough
weeks over the Patient Protection and Affordable The is almost to eventually reach year's More than two other legal challenges the law are floating in lower courts. Toobin: Fight over health care law will end up at Supreme Court health care reform act was passed by the Democratic Congress last year, and by Barack A part of the ruling was written by Judge Jeffrey Sutton, a President George W. Bush appointee considered a conservative on the court. He said health care field is from other streams of "commerce." how pay for they receive care), never quite when they will need, and in the case of severe illnesses or emergencies generally will not be to afford, (if any) in life. every intrusive law unconstitutionally intrusive law," he said. "Time to light the policy strengths and weaknesses of the individual as part of this national legislation, the peoples' political representatives, rather than their judges, have the primary say over its utility." Sutton added, "The government has the better of He was supported by Boyce Martin -- is a and named to bench by President Jimmy Carter. He turned aside the argument by of the law that economic "inactivity" cannot be regulated by legislature. had a rational for concluding that the coverage is essential to the Act's reforms markets health delivery and health insurance," said. "The provision regulates active in the health care the Constitution imposes no categorical bar on regulating Judge James Graham -- a Reagan appointee agreed with most of the opinion but expressed some concern that Congress go too other economic arenas, under limits imposed by the commerce and spending clauses. the exercise of power is allowed and the mandate it difficult to what the limits Congress's Commerce Clause would be. What human activity escape power?" a power feels very much like general power that the Tenth Amendment to and the people. A structural shift of that magnitude can be accomplished legitimately only through
 weeks over the Patient ProtecTion and AffOrdabLe CAre acT.

The IssuE is almost certaIN to eVentually reach the SupreMe CouRt, PErhaPS bY year'S end. MorE ThAN Two DoZeN otHeR LeGal chAllEnges to The law are fLoaTiNg in lower fedERaL courts.

TooBin: fight over heaLth Care laW wIll ENd up aT SuPreme court

THE healtH care refoRm ACt was pASsed by tHE deMocrAtic Congress last yEAr, ANd championed by presidEnT baRACk OBamA.

A key part oF tHe rulINg was wrITtEN BY JuDGe Jeffrey SuttOn, a PresidenT geoRge W. BuSh AppOIntee aNd conSiDEreD a conservatIve oN the court. he said THe healtH Care fieLd is diFfeRenT froM OtHeR stReAMs oF "CoMmeRCe."

"REgulatinG hOw CitizEns pAY FOR whaT thEy alReady Receive (health CarE), nevER quIte knOw wheN theY wIll neEd, and iN the cAsE of severe illnesSes oR emergencIes GeNerAlLy wilL Not be aBle To aFford, haS few (if aNY) paRaLLELs In modern life. Not eveRy INTrUsive law Is an unCOnStITutionalLy IntRusiVE Law," he Said. "tImE assuredLy will BRiNg To light ThE policY sTreNgtHs and WEaknEsses oF using thE indiVIdual mandate as PArt of this natiONaL LEgISlatIon, Allowing the PeopLEs' poLitiCAl RepREsentAtiveS, rAThER than their judges, to hAvE the prImary Say over its utiLity."

Sutton ADDEd, "The govErnmENt HAs the better of tHe argUments." He waS SupporteD by JuDge Boyce martin -- who IS ConsiderEd a LibEraL anD WAs Named to the benCH By PrEsIdent JiMmy carter. HE tuRneD asIde ThE argument By opponeNtS oF tHe Law That eCOnomic "inAcTivItY" caNnot bE RegulaTed by The nAtIoNAl lEgislatURe.

"cONgreSs HaD a raTioNaL basiS for COncLuding tHat the minImuM CoveRaGe ProvisiOn is essential To The AffordaBlE CaRe Act's LARger refoRms to the national markets IN health CarE deliVery And health InsUrance," He sAId. "The pRovisiOn regUlAteS ACtive PARtIciPaTion in the hEALth Care mArKet, aNd in any Case, the ConstitutioN ImpOses no categorIcaL bar ON ReGulATiNG inAcTIviTY."

judge James GrahaM -- a Reagan apPoINtEe -- agreed wiTH moSt Of the opInion buT exprESsed somE concern tHat CongreSs CoulD GO toO far in otheR economiC arenas, unDEr limITs ImposEd bY the CoNsTitUtion'S commeRCe aNd speNding cLaUses.

"If The exErCise of poWer is allowed and the mandaTe upheLd, it iS diFficult to See WHat The limits On CoNgress's ComMerCe CLause AutHOrity WoulD Be. whaT AspecT of hUMan activiTY wOulD EScApe federal pOWER?" he Asked. "sucH A power FeelS very much like the gENeral police powEr thAT The tenTH AmeNdMent reserves to The stATEs and the PeOple. A structUral shifT oF That mAgnituDe can bE accompLIShED legitImatEly Only throuGh
 weeks over the Patient Pr otection a nd Af for dab le  Car e Ac t.

The issuei s al most certain to eventu allyre a ch t h eSupre me Cour t ,p e rha ps  b y y ea r 's  end.  Mo re than  two dozen  ot he r legal chal l en ges to the  la w are floati ngin low er  fe d eralcou rts.
Toobi n : Figh t over he al t h care law wil l en d up  at Supreme Court 
T h e health carereform  a c tw a s p ass ed by theDe mocra t ic Cong r es s l ast year, and cha mpioned byP res identBa rac k  Obama .

Ake y  pa rt of the r ulin g was wri tten b y  JudgeJ effreySutton , a  Pr esid e nt  G eor ge W.B us h a p poi ntee and  c on sider ed a c o n serv ati ve o n the  court. He sa idtheh eal th ca re fi eldis  diff erentfromot her streams of"com merce."
"Re gu lat in g how citize nspay  for wh at they alr ea d y re ceive (health care ), n ev er quite  knoww he nt hey will  n eed , an d in th e ca s eof sever e illn e ss es  or eme rg encies  g ene ral ly wi l l no t be a ble to a fford ,  has few (if a n y) parallelsi nm o de r n li fe.  Not everyintr u sive  law is  an uncon stitu ti o na l ly intrusive law,"he  said.  "Tim e assuredly w ill bringt o light th e po l ic y  strengths and  weak nesses ofu sing the  indi vidual m andate as p art of t his  na tio nal l eg islation, all o w ingth e peopl es'  politi cal  re pre sen ta tives, ra ther tha nth ei rjud ges,t o have t he  pr im ary  sayo ver it s uti lity ." 
S utt on adde d ," T he g ov er nmen t h as  thebett e r o f the a rguments. " H e  was  s up portedby Judge Boyc eMartin --wh o i s cons i d ered a l iberal and was named to the ben chby Pr esid ent Jimmy  Ca rter.Het urnedasidethe a rg ume n t  by o p p on ent sof the law t hat  econ om ic " inactiv ity" cannot be reg u lat ed by the nat ion al l e g is lat u re . 

" Co n gre s s  had a rational  basis for  c o nc luding tha t  th eminimum  covera ge pr o visionis essent ial to th eAffo r d abl e Care Act 's large r reforms to th e  n ation almarket sinhealt h care del ivery  and h ea lth in suran ce ," he sa id. "The provision regu latesactiv e p articipat ion inthe healt h ca re market,  an d i n any  ca s e, th e Co n st itu t ion i mpos e s no cate g or ica l ba r on regula t i n g i nacti vit y ."

Ju dgeJames Graham -- a Reagan appoint ee - - agr eed with  m ost of the opi nio nb u t expres se d some conc ern that  C o ngres s coul d go t oo fari n  o t her ec onom icarenas, u nde rl imits i mp os e d by t he C on stitut ion'sc omme r c e and spending c lause s . 

"If the  exer ci se of p o weris allowed  and the ma ndateuphe ld, i t is di ff iculttose e what the limits on  Cong ress'sCo mmer ceClause  aut h o ritywoul dbe.  What asp e c to fhu m anacti vitywo uldescape fe d eral pow er? "  he ask ed . " S u ch a p o we r feels very  mu ch li k e  the gener a l po l ic e  powe r that  the T enth Am e ndm en t reser ves t o the Sta tes and t h e p eo ple.  A struc tu ralsh ift  o f that magnitud e can be  accompl i s hed le git i mate l y only  t hrough
 weeks_over the_Patient Protection and Affordable_Care Act.

The_issue_is almost_certain_to eventually reach_the Supreme Court,_perhaps by year's end._More than two_dozen_other legal challenges to the law are floating in lower federal courts.

Toobin: Fight over_health_care law_will_end_up at Supreme Court

The health_care reform act was passed_by the_Democratic Congress last year, and championed by President_Barack_Obama.

A key part_of the ruling was written by Judge Jeffrey Sutton,_a President George W. Bush appointee_and considered a_conservative_on_the court. He said_the health care field is different_from other streams of "commerce."

"Regulating how_citizens pay for what they already receive_(health care), never quite know when_they will need, and in_the case_of severe illnesses or emergencies_generally will not_be able_to afford, has_few (if any) parallels in modern_life. Not every_intrusive law is an unconstitutionally intrusive_law,"_he said. "Time_assuredly_will_bring to_light the policy_strengths_and weaknesses_of_using the individual mandate as part_of_this national legislation, allowing the peoples' political_representatives, rather than their_judges,_to have the primary_say over its utility."

Sutton added,_"The government has the better of_the arguments."_He was_supported by Judge Boyce Martin -- who is considered a liberal_and was named to the bench_by President Jimmy Carter._He turned_aside_the argument by_opponents_of the_law that economic "inactivity" cannot be regulated_by the_national legislature.

"Congress had a rational basis_for concluding that the_minimum_coverage provision is essential to the_Affordable Care Act's larger reforms to_the national markets in health_care_delivery_and health insurance," he said._"The provision regulates active participation in_the health care_market, and in any case, the Constitution_imposes_no categorical bar on regulating inactivity."

Judge_James_Graham -- a Reagan appointee --_agreed_with_most of the opinion but_expressed some concern that Congress could_go too far in other economic arenas, under limits_imposed by the_Constitution's commerce and spending clauses.

"If_the_exercise_of power is allowed and the mandate upheld, it is_difficult to_see what the_limits on Congress's Commerce Clause authority would be. What aspect_of human activity would escape federal power?"_he asked. "Such a power feels very much like the general_police power that the Tenth Amendment reserves to_the States and the people. A structural_shift of that magnitude_can_be accomplished legitimately only through