Thursday, June 28, 2012

ObamaCare Upheld as Constitutional

The Supreme Court of the United States has just released their decision on ObamaCare.

Individual mandate unconstitutional under the Commerce Clause but upheld as a tax. Chief Justice Roberts sides with the leftist members of the Court. John Roberts saved the law. Justices Thomas, Scalia, Alito and Kennedy dissented.

In opening his statement in dissent, Kennedy says: "In our view, the entire Act before us is invalid in its entirety."

SCOTUS blog's Amy Howe: In Plain English: The Affordable Care Act, including its individual mandate that virtually all Americans buy health insurance, is constitutional. There were not five votes to uphold it on the ground that Congress could use its power to regulate commerce between the states to require everyone to buy health insurance. However, five Justices agreed that the penalty that someone must pay if he refuses to buy insurance is a kind of tax that Congress can impose using its taxing power. That is all that matters. Because the mandate survives, the Court did not need to decide what other parts of the statute were constitutional, except for a provision that required states to comply with new eligibility requirements for Medicaid or risk losing their funding. On that question, the Court held that the provision is constitutional as long as states would only lose new funds if they didn't comply with the new requirements, rather than all of their funding.

SCOTUS blog's Lyle: Essentially, a majority of the Court has accepted the Administration's backup argument that, as Roberts put it, "the mandate can be regarded as establishing a condition -- not owning health insurance -- that triggers a tax -- the required payment to IRS." Actually, this was the Administration's second backup argument: first argument was Commerce Clause, second was Necessary and Proper Clause, and third was as a tax. The third argument won.

For those that don't know the history of Social Security, this is exactly the same thing FDR's administration did to get SCOTUS approval. At first, they said it was insurance and when the law was challenged they claimed it was a tax. Hence, the unconstitutional Ponzi scheme was upheld.

SCOTUS blog's Amy Howe: By the way, the opinions collectively are a monster. The Chief's opinion is 59 pages, Justice Ginsburg's opinion is 61 pages, the four dissenters are 65 pages, followed by a short two-pager from Justice Thomas. You do the math.

Click here to read the opinion.

Click here to read Palin's full statement about the decision.

And there is this...

Mark Levin finally speaks:

(back row, l-r) Justice Sonia Sotomayor, Justice Stephen Breyer, Justice Samuel Alito, Justice Elena Kagan. (front row, l-r) Justice Clarence Thomas, Justice Antonin Scalia, Chief Justice John Roberts, Justice Anthony Kennedy and Justice Ruth Bader Ginsburg.

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