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Friday, October 08, 2010

Michigan Federal Judge Rejects Health Care Law Challenge: Appeal Likely Headed to Cincinnati

CINCINNATI (TDB) -- The Daily Bellwether has the full text of the 20-page decision available by clicking here. It now looks like the 6th Circuit U.S. Court of Appeals in Cincinnati could be the first to decide whether Obamacare passes constitutional muster. That legal showdown -- and all the high-wattage drama it entails -- appears to have been cemented by a ruling turning down a Commerce Clause challenge.  The Volokh Conspiracy blog analyzes it all in lawyerly detail. The blog is slightly right of center, but it nonetheless offers great insight. It disagrees with the ruling. But that doesn't mean Obamacare won't stand. The decision was made by U.S. District Judge George C. Steeh of Michigan's eastern district.  The 6th Circuit has often made headlines over ideological warfare between the 16 judges who comprise the court. The 6th Circuit's jurisdiction covers Ohio, Michigan, Kentucky and Tennessee. The only judges who can overrule the 6th are the Supremes in Washington, D.C.

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