The opinion isn’t on the court website yet, but here’s how The Wall Street Journal describes it:

A federal appeals court in Washington ruled Tuesday that last year’s federal health-care overhaul is constitutional, handing the Obama administration another legal victory ahead of the Supreme Court’s likely consideration of the law.

The U.S. Court of Appeals for the District of Columbia Circuit ruled 2-to-1 that Congress, acting under its power to regulate interstate commerce, had the authority to require individuals to carry health insurance or pay a penalty.

“The right to be free from federal regulation is not absolute, and yields to the imperative that Congress be free to forge national solutions to national problems, no matter how local—or seemingly passive—their individual origins,” Judge Laurence Silberman, a Reagan appointee, wrote for the court.

Judge Harry Edwards, a Carter appointee, joined the ruling. Judge Brett
Kavanaugh, an appointee of President George W. Bush, dissented.

Obesity is a national problem. It is imperative that the federal government issue regulations requiring each individual to eat Broccoli instead of french fries as a side dish, regardless of the main course. Why not?


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