Jill’s Take:Affordable Heathcare Act Survives Another Court Challenge
This will eventually be decided by the Supreme Court. But until then, another lawsuit has been dismissed.
The lawsuit argued that Congress does not have the power under the Constitution to require health care purchases and that the mandate violates the Religious Freedom Restoration Act of 1993.
Kessler rejected both arguments and ruled that Congress has the right to regulate health care spending under the Commerce Clause and that the individual mandate must be viewed not as a stand-alone reform but as an essential part of the law Obama signed 11 months ago aimed at reducing overall costs. She also said that anyone who objects to having health care for religious reasons can choose to pay the penalty instead – as the lawsuit said all five plaintiffs plan to do.