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Supreme Court Health Care Decision: Individual Mandate Survives
WASHINGTON -- The individual health insurance mandate is constitutional, the Supreme Court ruled Thursday, upholding the central provision of President Barack Obama's signature Affordable Care Act.
The decision in National Federation of Independent Business v. Sebelius comes as something of a surprise after the generally hostile reception the law received during the six hours of oral arguments held over three days in March. But by siding with the court's four Democratic appointees, Chief Justice Roberts avoided the delegitimizing taint of politics that surrounds a party-line vote while passing Obamacare's fate back to the elected branches. GOP candidates and incumbents will surely spend the rest of the 2012 campaign season running against the Supreme Court and for repeal of the law.
Five justices concluded that the mandate, which requires virtually all Americans to obtain minimum health insurance coverage or pay a penalty, falls within Congress' power under the Constitution to "lay and collect taxes."
"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 in 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."
Summarizing his delicate decision from the bench, Roberts reminded his listeners that it is "not our job to save the people from the consequences of their political choices." Still, the decision appeared to do just that.
By narrowing Congress' commerce and spending powers, Roberts moved the law in a decidedly conservative direction. Yet by invoking the taxing power, he saved not only the people but also Congress, the president and the Supreme Court itself from the consequences of their political choices that had seemed so evident at oral argument three months ago.
http://www.huffingtonpost.com/2012/06/28/supreme-court-health-care-decision_n_1585131.html#comments
Mitt Romney will be taking a lot of credit for this.
What the ? Next thing we know the Obama will be re-elected.
WASHINGTON -- The individual health insurance mandate is constitutional, the Supreme Court ruled Thursday, upholding the central provision of President Barack Obama's signature Affordable Care Act.
The decision in National Federation of Independent Business v. Sebelius comes as something of a surprise after the generally hostile reception the law received during the six hours of oral arguments held over three days in March. But by siding with the court's four Democratic appointees, Chief Justice Roberts avoided the delegitimizing taint of politics that surrounds a party-line vote while passing Obamacare's fate back to the elected branches. GOP candidates and incumbents will surely spend the rest of the 2012 campaign season running against the Supreme Court and for repeal of the law.
Five justices concluded that the mandate, which requires virtually all Americans to obtain minimum health insurance coverage or pay a penalty, falls within Congress' power under the Constitution to "lay and collect taxes."
"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 in 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."
Summarizing his delicate decision from the bench, Roberts reminded his listeners that it is "not our job to save the people from the consequences of their political choices." Still, the decision appeared to do just that.
By narrowing Congress' commerce and spending powers, Roberts moved the law in a decidedly conservative direction. Yet by invoking the taxing power, he saved not only the people but also Congress, the president and the Supreme Court itself from the consequences of their political choices that had seemed so evident at oral argument three months ago.
http://www.huffingtonpost.com/2012/06/28/supreme-court-health-care-decision_n_1585131.html#comments
Mitt Romney will be taking a lot of credit for this.
What the ? Next thing we know the Obama will be re-elected.
