Another federal judge upholds health care law

March 2, 2011

Washington, D.C.: On Tuesday, February 22, Judge Gladys Kessler, of the Federal District Court for the District of Columbia, ruled on two issues relating to the national healthcare reform bill. First, Judge Kessler upheld the constitutionality of the law mandating individuals to buy health insurance saying, "Making a choice is an affirmative action, whether one decides to do something or not do something," in contrast to judges who struck the law down on the grounds that not purchasing health insurance is "economic inactivity" and can, therefore, not be legislated upon by Congress under the Commerce Clause of the Constitution. On the second issue, Judge Kessler dismissed a lawsuit claiming that the law violates the religious freedom by forcing people who rely on God to protect them from health related issues to buy health insurance. The lawsuit was brought by the American Center for Law and Justice, a group founded by conservative evangelist, Pat Robertson. Judge Kessler is the third federal judge to uphold the constitutionality of the healthcare bill passed in March, 2010.