In one of the first rounds of challenges to the new Affordable Care Act (ACA) health reform law, a federal judge in Michigan upheld its constitutionality. US District Court Judge George Steeh rejected the request for an injunction to block implementation of the individual mandate for health insurance. The decision found that it is within the power of Congress under the Constitution to collect penalties for individuals not obtaining health coverage and require people to buy insurance, under the Commerce Clause.

The court's decision appears to have been based on a finding that the health care market is unlike any other markets because no one can guarantee their health or ensure they will never get sick or require health care services. The court’s analysis suggests that the individual mandate is justified because the risk exists that health care costs for individuals not obtaining health coverage would be shifted to others. Whether you like the law or not, this is a fact of life -- everybody needs to pay their fair share of health costs and not shift the burden to others when they need care.

There are suits filed in 17 states, so this is not the end of the issue, but it definitely helps keep the momentum moving.  Republicans in many states are running on repealing the ACA, but this is truly political hype unless and until there are 60 Republicans in the Senate, and a Republican President. Even then, once 35 million additional people get coverage by 2014, it will be very hard to reverse the law. Opponents to Medicare and Medicaid couldn’t turn those laws around either.