Thursday, June 28, 2012

Supreme Court Upholds Obamacare

Supreme Court upholds Obama's health-care law

Washington Post -- Chief Justice John G. Roberts Jr. on Thursday joined the liberal wing of the Supreme Court to save the heart of President Obama’s landmark health-care law, agreeing that the requirement for nearly all Americans to secure health insurance is permissible under Congress’s taxing authority.

Even as it upheld that central component of the Patient Protection and Affordable Care Act, however, the court modified another key provision of the law, ruling that the federal government cannot withdraw existing Medicaid funding from states that decide not to participate in a broad expansion of Medicaid eligibility.

The court’s historic compromise, which will affect the health-care choices of millions of Americans, amounts to a major victory for the White House less than five months before the November elections, although the Medicaid decision sets new limits on the power of the national government.[...]

“The highest court in the land has now spoken,” Obama said. “We will continue to implement this law. And we’ll work together to improve on it where we can. But what we won’t do, what the country can’t afford to do, is refight the political battles of two years ago or go back to the way things were. With today’s announcement, it’s time for us to move forward.”[...]

Illustrating the divided nature of the ruling, Justice Anthony M. Kennedy, representing the court’s most consistent conservatives, read a scathing dissent, while Justice Ruth Bader Ginsburg, representing the liberals, issued a separate opinion supporting Roberts but differing with him on key aspects of the case.[...]

The high court rejected the argument, advanced by the Obama administration, that the individual mandate was constitutional under the commerce clause of the Constitution. But Roberts joined the court’s four liberal justices — Ginsburg, Sonia Sotomayor, Stephen G. Breyer and Elena Kagan — in ruling that a penalty for refusing to buy health insurance amounts to a tax and thus is permitted. Ginsburg favored going further and allowing the mandate under the commerce clause.

Entire column...

Blog author's comments - The Supreme Court, to be more precise Chief Justice John Roberts, shoved the nation much closer to Socialism. Justice Roberts had the chance to save our freedom of choice when it comes to health care but instead found a way to save the Obama legacy.

I have no respect for Justice Roberts. The Obamacare balloon was his and he had the chance to burst it. Instead he handed it to Obama and the Democrats. This was an extraordinarily frustrating day. I had expected the entire Obamacare law to be struck down by the high court.

Roberts found the individual mandate was unconstitutional under the commerce clause but okay as a tax. It was not presented as a tax, he and the four liberal Justices gave the Democrats a victory. Hopefully this is a huge motivator to get out the conservative vote this fall.

So now as I see it the only way to remove this monster money-eating law is to fix this legislatively. January 2013 must see a Republican anti-Obamacare controlled House, a Republican Senate and Mitt Romney in the White House.

If this ruling did not show all thinking Americans what we are up against there is no hope for them or for our country. If Romney should win in November I hope he will do the right thing and repeal the Obamacare law.

In 2009 Obama Says Individual Mandate Is Not A Tax

No comments: