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Wednesday, June 29, 2011
Former Dayton City manager to serve as Turner’s district director
U.S. Rep. Mike Turner will announce Thursday June 30th that former Dayton and Cincinnati City Manager Valerie Lemmie will become his district director.
Lemmie, who starts on July 1 served as Dayton city manager while Turner was mayor. We’ll have more on this developing story in Friday’s Dayton Daily News
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Tweet6th District Court upholds health care law
By Jack Torry
Washington Bureau
WASHINGTON - A federal appeals court in Cincinnati upheld Wednesday the new health care law championed by President Barack Obama, ruling that Congress can require people to buy health insurance and impose financial penalties on people who refuse.
In a 2-1 ruling in the 6th U.S. Circuit Court of Appeals, the panel rejected claims by conservative legal organizations that the law violated the Commerce Clause to the U.S. Constitution. The Cincinnati court is the first federal appeals panel to rule on the health law.
Writing for the court, Judge Boyce F. Martin concluded that “Congress has a rational basis for concluding that the minimum coverage provision is essential’’ to the law’s “larger reforms in health care delivery and health insurance.’’
“The act considered as a whole makes clear that Congress was concerned that individuals maintain minimum coverage not as an end in itself, but because of the economic implications on the broader health market,’’ Martin wrote.
Joining Martin to form the majority was Judge Jeffrey Sutton, the former Ohio solicitor and a prominent legal conservative. Sutton, a former law clerk to Supreme Court Justice Antonin Scalia, is one of the few conservatives nationally to uphold the controversial law.
“If Congress has the power to regulate the national healthcare market, as all seem to agree, it is difficult to see why it lacks the authority to regulate a unique feature of that market by requiring all to pay now in affordable premiums for what virtually none can pay later in the form of say, $100,000 (or more) of medical bills prompted by a medical emergency,’’ Sutton wrote in a separate opinion.
Judge James L. Graham, a senior judge from the Southern District of Ohio who was assigned to the case, filed a dissent.
The court’s decision has little immediate practical impact because the main requirements of the health law do not go into effect until 2014. But with a number of challenges to the law working their way through the federal courts, the constitutionally of the law eventually will be decided by the U.S. Supreme Court.
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