The audacity of deliberate dishonesty in the Obama administration’s reaction to the Supreme Court ruling on Obamacare is unlike anything we have seen in American history.
A majority of the Court agreed the Commerce Clause could not be used to justify Obamacare, as many on the left had argued. The decision stated that police powers were reserved to the states. In other words, if the case for the law rested only on the claim that the individual mandate was a penalty, authorized under the Commerce Clause, then Obamacare would be unconstitutional.
Chief Justice Roberts’ decision, however, pivoted and — with the votes of the four liberal members of the Court — ruled that Obamacare was constitutional precisely because it was not a penalty but was instead a tax.
Chief Justice Roberts had in effect saved Obamacare by establishing a trap which might destroy it.
Obamacare was already opposed by 60 percent of the American people according to most polls before the Court ruling.
Since advocates of Obamacare must concede their project is a massive tax increase in addition to bad policy, it should become excruciating to sustain politically even though the Court upheld its constitutionality. The Chief Justice virtually set the stage for this rejection when he wrote:
“The Government argues that if the commerce power does not support the mandate, we should nonetheless uphold it as an exercise of Congress’s power to tax. According to the Government, even if Congress lacks the power to direct individuals to buy insurance, the only effect of the individual mandate is to raise taxes on those who do not do so, and thus the law may be upheld as a tax…The Government asks us to interpret the mandate as imposing a tax, if it would otherwise violate the Constitution.”
Saddled with such unpopular policies and with a Presidential election looming only four months away, President Obama and his allies have just one recourse left: to lie, to manipulate, and to rewrite history.