Drawing the line on health care

Drawing the line on health care
News from Cincinnati.com:

Judges Jeffrey Sutton and James Graham made it clear last year they weren’t the biggest fans of President Barack Obama’s health care law.

It was intrusive, they said, and a significant extension of government power.

But when the judges on Cincinnati’s most powerful court considered whether the law was constitutional, the two conservatives reached dramatically different conclusions. Graham declared it unconstitutional, while Sutton became the first conservative federal judge in the nation to uphold it.

The two judges’ decisions now are potential previews of the arguments the U.S. Supreme Court’s five conservative justices will make when they rule in June on whether health care reform should live or die. The court’s four liberal justices are expected to uphold the law, so the conservatives will likely decide its fate.

If just one of them follows the same reasoning Sutton did, the law probably will survive. If all five see the law the way Graham did, it won’t.

The justices, of course, get the final word and are unlikely to seek much legal guidance from anything Sutton and Graham wrote about health care last year for the U.S. 6th Circuit Court of Appeals, which is a step down from the Supreme Court.

But the different paths Sutton and Graham chose reveal how conservative judges, such as those on the Supreme Court, might weigh the co…………… continues on Cincinnati.com

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