"No Binding Effect" on Other Cases


By Hadley Heath

Legal scholar James Ely of Vanderbilt Law comments on the Michigan ruling (yesterday in Thomas More Law Center v. President of the United States):

The Michigan decision would have no binding effect upon other district courts, so the cases pending in Florida and Virginia would continue. It is quite likely that there could be different results in different courts As you know, these cases raise serious questions about the scope of congressional power under the commerce clause.  Clearly this matter will need to be resolved at the appellate level.


The Plaintiffs in the case have already announced that they will appeal the decision.  This is from thomasmore.org:

According to the Law Center, the court took the extraordinary step of concluding that Congress’ Commerce Clause power does not end at regulating economic activity.  Rather, this power can be extended to regulate economic decisions whether made consciously or not.  The court stated, “While plaintiffs describe the Commerce Clause power as reaching economic activity, the government’s characterization of the Commerce Clause reaching economic decisions is more accurate.”

Rob Muise, The Law Center’s senior trial counsel who handled the case commented, “This decision is ripe for appeal, which we intend to do expeditiously.”

Read the full Thomas More article here.


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