Michigan, Ohio, and Obamacare

This is something that may be overlooked in Friday’s decision, by the United States Court of Appeals for the 11th Circuit, holding that the individual mandate of Obamacare is unconstitutional.

What do Michigan and Ohio do?

Michigan and Ohio are two of the four states in the 6th Circuit of the United States Circuit Court of Appeals.  On June 29, 2011, the 6th Circuit found the individual mandate to be constitutional in Thomas Moore Law Center v. Obama.  Based upon that decision, lower federal courts in Michigan and Ohio are bound to find the individual mandate constitutional. 

Thus, to Michigan and Ohio, the individual mandate is constitutional.

However, Michigan and Ohio were two of the 26 states suing the federal government in the recent decision by the 11th Circuit holding that the individual mandate is unconstitutional. 

Thus to Michigan and Ohio, the individual mandate is unconstitutional.

Can anyone say United States Supreme Court?

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The Sound Off Sister was an Assistant United States Attorney for the Southern District of Florida, and special trial attorney for the Department of Justice, Criminal Division; a partner in the Florida law firm of Shutts & Bowen, and an adjunct professor at the University of Miami, School of Law. The Sound Off Sister offers frequent commentary concerning legislation making its way through Congress, including the health reform legislation passed in early 2010.


  1. Plainvillian on August 13, 2011 at 8:16 pm

    Stays are not just for corsets and old fashioned collars.

  2. winnie888 on August 14, 2011 at 6:24 am

    Well, then…this should be interesting.

  3. Gary J on August 14, 2011 at 7:48 pm

    so far obama has pretty much gotten his way. There are many ways around something that you “think” is legal. All anyone with half a brain can do now is wait on Nov. 2012. Ct will never change so we have to depend on other states to carry the load and pull harder at the polls.

  4. Eric on August 14, 2011 at 8:21 pm

    Obama may have gotten his way thus far, but he’s been building his house on sand. ?True changes are coming, and not the phony-balony crap that Barry the politico has tried to pawn off on us. ??

  5. crystal4 on August 15, 2011 at 8:10 am

    “The layman’s constitutional view is that what he likes is constitutional and that which he doesn’t like is unconstitutional.”
    — Justice Hugo Black

    • Lynn on August 15, 2011 at 8:17 am

      Unfortunately, that goes for the partisan members of the Supreme Court as well

  6. Law-AbidingCitizen on August 15, 2011 at 1:05 pm

    The courts are never easy to predict. We are once again witnessing legislation being interpreted by the courts as being constitutionally sound. I know that ObamaCare is not constitutional in my mind; however, the Supreme Court may well have a difference of opinion. With it’s present composition, it is not easy to fortell; if Obama ever gets his way, he will stack the court with hardcore leftists, most likely socialists. With that in mind, I would rather have this court decide on ObamaCare’s legality. (The devil we know.) We can only trust they can decide what the founding fathers meant by? “. . . life, liberty and the pursuit of happiness”. I don’t find ObamaCare written anywhere in the constitution.

    • Lynn on August 16, 2011 at 12:22 pm



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