Solicitor General under Reagan calls ACA decision 'devastatingly convincing'

The Sixth Circuit Court decision upholding the constitutionality of the Affordable Care Act might be getting inadequate coverage in the traditional media, but it's certainly being discussed in legal circles. For example, here's Charles Fried, Beneficial Professor of Law at Harvard Law School and Solicitor General of the United States from 1985-89, who calls it a "devastatingly convincing decision."

Recently, the US Court of Appeals for the Sixth Circuit upheld the individual mandate provision of the health care reform legislation. Judge Jeffrey Sutton's opinion in the case is a remarkably thorough, balanced and thoughtful opinion. It gives the objectors to the mandate their full due. It does what serious jurists should but too often do not do: consider the arguments in their best light, not their worst. This is why his conclusion is so devastatingly convincing. I cannot do better than to commend this model of careful thought and analysis to every interested person's attention.

That Sutton?a former Scalia clerk, officer of the Federalist Society, and generally extremely well bonafided conservative?turned away the arguments designed as "a rhetorical loophole to appeal to Justice Antonin Scalia" so convincingly that even other conservatives don't question his ruling likely means the case against the ACA probably won't pass muster with the high court.

Source: http://feeds.dailykos.com/~r/dailykos/index/~3/kvtf_NJ5cMg/-Solicitor-General-under-Reagan-calls-ACA-decision-devastatingly-convincing

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