Chief Justice Roberts singlehandedly saves ObamaCare
The Supreme Court, by a 5-4 margin, sidesteps the Commerce Clause debate and validates the individual mandate as a constitutional exercise of Congress’ taxing power.
As a result, almost all of the act is upheld, thanks to Chief Justice Roberts siding with the majority. But by saving the law through the taxation argument, the court sidesteps endorsing an expansion of the commerce clause.
Fancy judicial footwork by the chief justice, I’d say.
The four justices in the minority wanted to toss the whole thing out, which again speaks to the role that the chief justice played. He wasn’t willing to go there — too radical an outcome for him, apparently — and he found a way to avoid it.
In fact, the deeper I read in the opinion and the dissents, the more apparent it is that Roberts undertook a major rescue operation. He was not willing to let the court take what he deemed to be a radical, even partisan course that would undermine its institutional credibility.
This ruling is as much about protecting the court’s integrity as it is about interpreting the law.
Here’s the core of what justices Scalia, Kennedy, Alito and Thomas said in dissent:
“The Act before us here exceeds federal power both in mandating the purchase of health insurance and in denying nonconsenting States all Medicaid funding. These parts of the Act are central to its design and operation, and all the Act’s other provisions would not have been enacted without them. In our view it must follow that the entire statute is inoperative.”
The court majority also endorsed language expanding Medicaid in the states, although it prevents the federal government from pulling Medicaid money as punishment for states that choose not to go along. That’s the extent of the conservative “win” in the opinion.
No wonder Scalia was in such a foul mood earlier this week. I suspect that mood is going to last a good long time.
– Jay Bookman
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1,313 comments Add your comment
Tom
June 28th, 2012
5:15 pm
So by this decision, a law can be passed that we should all purchase a Chevy Volt, or else pay a $15,000 tax. Or better yet, require every citizen to purchase an assault rifle or pay a tax. As long as the “penalty” for non-compliance is “pay a tax,” then a law is constitutional? This is not good.
Tom(Independent-Viet Vet USAF)
June 28th, 2012
5:29 pm
Kammy@5:11 – I stand by my comment about Pelosi, saw it on Fox News(you know the fair and balanced) one. She did say it!!!!!!!!!!!!!!!!
Matt
June 28th, 2012
5:31 pm
I love how so many of the pro-GOP posts are chock full of poor grammar and spelling. Maybe you people should have stayed in school. Of course, if you had, you probably wouldn’t be Republicans.
Orange 12
June 28th, 2012
5:37 pm
I guess we are going to finally find out what really is in the bill.
Kamchak ~ Thug from the Steppes
June 28th, 2012
5:38 pm
She did say it!!!!!!!!!!!!!!!!
I know that you think so, but if you were to do your own research you would find that your quote is in error.
dave
June 28th, 2012
5:41 pm
I’m reminded of three phrases which I believe are appropriate here:
1. Be careful what you ask for
2. You get what you pay for
3. The law of unintended circumstances; it can be a real biotch.
That’s it from here.
The Truth
June 28th, 2012
5:42 pm
boots
Let’s give it a year and see what is left of Obamacare. Not much. Meanwhile, let’s all enjoy life now because if it DID stand, which it won’t, our country will no longer be a superpower within 15 years.
Please let us know know how Obamacare will be eliminated (especially since the mandate was a Republican idea that Mittens Romney implemented in Massachusetts) rather than crying in your cornflakes about the law being ruled constitutional. Obviously, you Cons don’t know anything about the Constitution, so what makes us think that you would know whether this country would remain a super-power or not. You guys aren’t really smart, are you?
Herman's Cane
June 28th, 2012
6:36 pm
Okay, so after the Wisconsin recall, we were supposed to understand that Romney would be a shoe-in, particularly after the SCOTUS decision came down against Obamacare.
I guess that means the arrogant have been brought to their knees today.
JG
June 28th, 2012
8:00 pm
If checked out, I state that roberts who has now shown the “real” Americans who work everyday and actually pay the bills, did his best ” wigger ” routine and licked hussein obama’s shoes after being bought off. Wonder how much money hussein, a member of his staff , some ” dumm-a-crat ” , etc… paid roberts. As a traitor, at the least, should be run out of D.C. tard and feathered on a rail. He, as his trying to be dictator – hussin , should be ” Politcally Nullified ” like we did to the enemy in Nam !!!
One
June 28th, 2012
9:41 pm
BOOKMAN = SOCIALIST
Obama bin Biden
June 29th, 2012
12:35 am
6 more months of this bull. If it isnt resolved by then, it is up to the people to use physical force to fix this.
JG
June 29th, 2012
2:12 am
It’s time for the U.S. Military to come in, place hussein obama and most of congress, and holder under apprehension, try them for treason, and have conservatives start the government over again based on the Constitution. And those found guilty of treason will be terminated ASAP !!! This is the only way to save America. God Bless America and the true heros, the members of the U.S. Military !!!
A U.S. Born American Vet
middleground
June 29th, 2012
8:31 am
Go to the DMV today as new requirements go into effect July 1. Its hell there with four hours or more wait time in a hot stinky room full of mean mood people……………knowing GA as I do, this is how they will impliment your Obamacare. So enjoy your healthcare I know our president and congress will be receiving the best of care as they are exempt from Obamacare.
So starting in 2014, GA will be in charge of your free healthcare. You may want to move to another state.