The Republican judge on this panel agreed with the ruling that the health insurance mandate is Consititutional:
For the first time, a Republican appointed federal judge -- part of a three-judge circuit court panel -- has ruled that the individual insurance mandate in President Obama's health care law is constitutional.
The Sixth Circuit appellate court panel -- the first appellate court to rule on the question -- dismissed the plaintiffs' claim that levying a penalty against people who choose not to purchase insurance exceeds Congress' Commerce Clause powers. The justices also dismissed the underlying argument that the provision amounts to "regulating inactivity."