This year's election just became even more important

[tt11758]

http://www.foxnews.com/politics/2012/06/28/supreme-court-upholds-individual-mandate-obamacare-survives/

The Supreme Court has upheld the centerpiece of President Obama's health care overhaul, in effect allowing the law to survive.
In a 5-4 decision unveiled Thursday, the court ruled as constitutional the so-called individual mandate requiring most Americans to obtain health insurance starting in 2014.
The ruling is a victory for the president, ensuring for now that his signature domestic policy achievement remains mostly intact.
It also ensures that the law will play a prominent role in the general election campaign, as Republican candidate Mitt Romney vows to repeal the law if elected.
Chief Justice John Roberts, who was appointed during a Republican administration, joined the four left-leaning justices on the bench in crafting the majority decision.
The ruling relied on a technical explanation of how the individual mandate could be categorized. Roberts, in the opinion, said the mandate could not be upheld under the Constitution's Commerce Clause. However, it could be upheld under the government's power to tax.
"The Affordable Care Act is constitutional in part and unconstitutional in part  The individual mandate cannot be upheld as an exercise of Congress's power under the Commerce Clause," Roberts wrote. "That Clause authorizes Congress to regulate interstate commerce, not to order individuals to engage it. In this case, however, it is reasonable to construe what Congress has done as increasing taxes on those who have a certain amount of income, but choose to go without health insurance. Such legislation is within Congress's power to tax."
The ruling did rein in one element of the law -- the expansion of Medicaid across the country to take in millions of low-income Americans. The opinion allows Washington to offer more funding to states to expand the program, but says the federal government cannot penalize states for not participating in the new program by withholding existing Medicaid funds.
Justice Anthony Kennedy, who was thought to be the swing vote on the decision, joined the minority in describing the entire law as invalid.
"The act is invalid in its entirety," Kennedy said from the bench. He went on to say the administration went to "great lengths to structure the mandate as a penalty, not a tax."


Read more: http://www.foxnews.com/politics/2012/06/28/supreme-court-upholds-individual-mandate-obamacare-survives/#ixzz1z6Gvzf77

[Timothy]

I'm really beginning to wonder about John Roberts...He'll most likely be the Chief Justice for the remainder of my life and this is now two decisions in a row that bother me...

[jaybet]

The fact that the SC has ruled on legality still doesn't make it a GOOD law. Romney and the conservatives will still attack and hopefully overturn it in the coming years before it takes affect.

As far as Roberts goes...you just never know. Some of these smack liberal judges sometimes get one right and the staunch conservatives sometimes get it wrong. Once they're on the bench they become somewhat unpredictable.

[Timothy]

The fact that companies, universities, hospitals et al are dropping coverage for their employees or students because it's cheaper to pay the penalties makes it a TERRIBLE law!  It's what these asshats wanted all along.  A single payer system controlled by the government.

My wife is on medicare even though she's only in her late 40's and it's pretty shitty insurance.  We're finding it difficult to find doctors that accept it!  Even if I'm still working, if my company has less than 100 employees, her medicare is still primary!  You're at the mercy of the bureaucratic screwed up system.

It won't get better...

[Solus]

The fact that Obamacare has met constitutional muster because it can be considered a tax might  have some interesting consequences.

All the unions, companies and other BHO buddies might have been exempted from the law when it was looked as part of the Commerce Clause, but I do hope that giving blanket exemption to them will not be allowed as a tax.

The states that received exemptions as part of a deal to swing a senate or house vote are out of luck and it would seem all of Congress and the rest of government will need to pony up the tax too.

Another interesting aspect is that while the Rich 1%'ers will have to pay the tax, they will be able to afford and use other coverage...or just pay the price as they go.

So, now Obamacare allows The Rich to have workable health care will forcing the lower income citizens no option.

[Sponsor]

[crusader rabbit]

Welcome to the New Socialist States of America.

Personal rights and responsibilities be damned.

Watch for a near-term erosion of 2-A rights.

The underpinnings have been officially kicked out of our Constitutional Republic.

We have become France.

We are about to become Greece.

I weep for what I will leave my grand kids.

A thoroughly dejected Crusader Rabbit

[tombogan03884]

Commerce Clause My butt !

http://www.usconstitution.net/

Section 8 - Powers of Congress

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

Are you, or your employer any one of those 3 ?
If not, the "Commerce Clause" has no application to you.

[Timothy]

Another interesting result will be if I, being a citizen of MA, would be paying one penalty to the state and another to the feds?

I would be paying a penalty this year since I don't have health insurance.  The kicker is, all of my income comes from CT unemployment insurance and the federal extensions!  Technically, I'm not required to file a tax return in MA for 2012 nor did I file one for last year!

[Timothy]

Tom,

Roberts rejected the commerce clause and determined that congress could use that mandate as a tax, just like Massachusetts does!

[JC5123]

Welcome to the New Socialist States of America.

Personal rights and responsibilities be damned.

Watch for a near-term erosion of 2-A rights.

The underpinnings have been officially kicked out of our Constitutional Republic.

We have become France.

We are about to become Greece.

I weep for what I will leave my grand kids.

A thoroughly dejected Crusader Rabbit

I have never felt so stressed, angry, and sad at the same time. Never before in my life have I been so afraid for the future of these United States. For if what has happened today is allowed to stand. I fear there won't be anything left for our kids, let alone grand kids.