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
Lord Help Us
June 28th, 2012
10:34 am
‘Obama in his own words… Said this was not a tax….’
weak, even by your standards…
ITS ALL BUSHS FAULT
June 28th, 2012
10:34 am
Reps. dont want to pay any taxes , but they sure like starting wars that are funded by taxes.. idiots..
MoreRightthanLeft
June 28th, 2012
10:35 am
1/3 of this country wanted “free” healthcare…sad day for all..
good news…2/3 will help get obama out of office
keep gloating freeloaders…
and im not mad or upset…its just makes no sense.. that some folks think the govt should rule their lives..well you got it…Govt has done such a fantastic job on dumbing down eduaction(democrats), bankrupting Mediacare, SS and anything they touch….except our military (phew).
and the funny part…you think they care about your health….lol jokes on you ass clowns
Joseph
June 28th, 2012
10:35 am
Steve:
We need single payer. The Brits love their system, so do Canadians. But at least this is a step in the right direction, and I have to say, Romney is toast now.
Well you must move there… Romney is toast. LOL… He’s going to run on repeal… Which the American people want…
Mary Elizabeth
June 28th, 2012
10:35 am
This is a victory not only for President Obama’s vision for this nation, but also a victory for the credibility of the U.S. Supreme Court.
Keep Up the Good Fight!
June 28th, 2012
10:35 am
Oh noooooo…… Fox is assuredly reporting the secret Obama plan to force everyone to eat broccoli to be announced later today.
Fast & Broccoli.
barking frog
June 28th, 2012
10:35 am
Enter your comments here
Simple Truths
June 28th, 2012
10:35 am
What a hack!
Recon 0311 2533
June 28th, 2012
10:35 am
The ruling upholds the mandate as a tax but struck it down under the commerce clause. Also the mandated expansion of state Medicaid roles appears to have been struck down. Obama stated publicly that the individual mandate was not a tax. Confusing but this may not help Obama politically as the majority of the country don’t like the ACA and they don’t like presidents who lie. This may have given the Republicans considerable campaign fire power. We shall see.
Steve
June 28th, 2012
10:35 am
No, polling shows that Americans WANT this, Joseph.
Sorry
Lord Help Us
June 28th, 2012
10:35 am
‘yet another implemented under the Obama regime…’
Wrong…and please name the others.
Thanks in advance…
Thomas
June 28th, 2012
10:35 am
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.
Well said- that will become the political debate in that this is a tax- I think the greater of $695 or 2.5% of income in 2016- something like that
The Repubs will be putting out sound bites of Obama saying not a tax. The Dems will be saying who cares now
Trolls Bane
June 28th, 2012
10:36 am
We need a single-payer system, which completely eliminates the Insurance industry profit motive and expenses from the picture. Can you imagine a world with affordable health insurance / healthcare?
Brosephus™
June 28th, 2012
10:36 am
Hi Midori!!!
————-
cheer how Obama is a great conservative who implemented a great conservative idea…
I’ve been trying to tell y’all that Obama’s a better GOP president than Bush could have ever hoped to be. Nobody wants to listen to a brotha though!!! Wat up wit dat???
Cosby
June 28th, 2012
10:36 am
It was not a tax and now it is a tax…the Supreme court played ploitics, redefined the act which no where in its almost three thousands pages calls anything a tax…
Sad day for the USA,,,they just handed the government the ability to totally control it citizens lives “By TaXING” THEM
kitty
June 28th, 2012
10:36 am
I should say Chief Justice Roberts….
Joseph
June 28th, 2012
10:36 am
And you libs thought the Tea Party was dead… Ya’ll ain’t seen nothing yet… LOL….
ty webb
June 28th, 2012
10:36 am
bad day for liberty…good day for the taxman.
Finn McCool (The System Isn't Broken; It's Fixed ~ from an Occupy sign)
June 28th, 2012
10:36 am
Wow, great seeing all the non-frequent posters coming in and sharing how this affects them.
Good to hear. Keep speaking up, folks!
DebbieDoRight - Chocolate Coverered, Freak And Habit Forming
June 28th, 2012
10:36 am
Aquargirl: Imma celebrate with a manicure and a quick drive thru the pharmacy pickup in my Escalade. Right after I trade my food stamps for rimz
Acquagirl – You need Jesus. And some holy water. Please don’t drink it!
USinUK: … waiting for Ann Coulter to say that Roberts should be poisoned
Too funny!! No Holy Water For you!!!
Martin: Victory for tyranny…..what else can the gov’t force on us for our own good..
Medicare Part “D”?
Frank L Darling: Now Romny can claim it was his idea the whole time
Too funny too!! You guys are on a roll today!!
ITS ALL BUSHS FAULT
June 28th, 2012
10:36 am
REps, plan cut education medicare and police/ firemen, so they can prvitize and outsource everything and keep the profits….OBAMA …2012.
ByteMe - Political thug
June 28th, 2012
10:36 am
God…never thought I’d agree w/ Joseph on anything.
He’s still wrong. Republicans will moan today and then shut up about it tomorrow, because the benefits of the act outweigh a small tax on those who didn’t want to put their money up for their healthcare.
Redneck Convert (R--and proud of it)
June 28th, 2012
10:37 am
D’OOOOOH! What good does it do to pack the SC with Conservatives and have Bill Frist threaten to use the Atomic Option in the Senate if one of those Conservative judges is going to act like a Communist Socialist Librul?
This is the end. I might as well get ready to marry Bubba. That’s what’s coming next. We’ll all be Gay-Married.
Tealiban Party
June 28th, 2012
10:37 am
Way to go Supreme Court justices!!!
The Healthcare law is not perfect, and there is still a ways to go! So now maybe the GOP should work together with the Democrats to make it better, and do SOMETHING FOR THE GOOD OF THE U.S.A.!
Peadawg
June 28th, 2012
10:37 am
“weak, even by your standards…”
Not weak at all imo. Republicans will run with this and I really do think it’ll hurt Obama.
mdouglasman
June 28th, 2012
10:37 am
And what were you saying, Jay, about conservative activists, Roberts’ court, etc, etc, etc
stands for decibels
June 28th, 2012
10:37 am
I guess the Republic survives another day.
Michael G.
June 28th, 2012
10:37 am
Jay,
You can have Chief Justice Roberts. He’s your progressive boy now!
Now it’s even more important to oust Obozo in November so we can put true conservatives on the bennch when Breyer and Ginsburg retire.
Adam
June 28th, 2012
10:37 am
The “Obama said it wasn’t a tax” thing? Yeah, good luck getting conservative head nodders to swallow nuance. You’ve beat nuance out of them.
http://www.youtube.com/watch?v=M5QGkOGZubQ
Joseph
June 28th, 2012
10:38 am
Tanning beds and cigarette tax.. next
Got to give the people what they want!!
June 28th, 2012
10:38 am
A win for the 99%
http://www.youtube.com/watch?v=6xbxgkIQv9E
Peadawg
June 28th, 2012
10:38 am
ByteMe – Political thug
June 28th, 2012
10:36 am
I dunno…I think the Republicans will run with the “Obama lied about not raising your taxes” thing.
They BOTH suck
June 28th, 2012
10:38 am
Joseph
You are spinning so fast the earth is about to tilt off of its axis
Zedd
June 28th, 2012
10:38 am
Today American’s individual freedom to control their own lives died. So to the Imperial Federal Government, I give you the middle finger salute and state emphatically that “I will not comply!” Take your mandates and shove ‘em! “Give me liberty or give me death!”
Simple Truths
June 28th, 2012
10:38 am
Hey Jay, care to retract or reflect on your post from earlier this week: http://blogs.ajc.com/jay-bookman-blog/2012/06/26/a-peek-under-the-robes-of-an-increasingly-partisan-court/
real john
June 28th, 2012
10:38 am
I don’t know why most of you libs are so happy…You know that you taxes are going up eventually…And I’m not talking about the rich…Eventually $70,000k a year will be “rich” in the libs eyes.
Lets revisit this 10-15 years from now and see about the so-called defcit savings from Obamacare. Anyone who doesn’t see that this is just a massive Medicaid expansion is blind. This is just going to add more and more to our already unsustainable spending problem. Thank you libs for destroying the greatest economy in world history. Financial armaggedeon is coming to the US within the next decade..
Its not that the libs have bad ideas…they just have no idea that we don’t have limitless money.
ByteMe - Political thug
June 28th, 2012
10:39 am
You can have Chief Justice Roberts. He’s your progressive boy now!
First and foremost: a corporatist. And ACA is a corporate wet-kiss for the insurance industry.
Joseph
June 28th, 2012
10:39 am
The taxman cometh… And his name is Barry Obama… LOL…
tomindecatur
June 28th, 2012
10:39 am
Gee, Jay, having another Emily Litella moment are we? Sooooo, the Supreme Court is THE most partisan court eveh? You can now return to your religious studies in Global Warming.
JP
June 28th, 2012
10:39 am
Don’t think this is the last word on Healthcare. Is it? Can Congress work together to make the law better?
Keep Up the Good Fight!
June 28th, 2012
10:39 am
Brosephus…. oh sure, play the race card
but now you can quote me and people will listen. 
Lord Help Us
June 28th, 2012
10:39 am
‘Republicans will run with this and I really do think it’ll hurt Obama.’
I doubt it…in essence they would be running against Roberts, not Obama.
IMO, the wind will come out of the sails of the whole ‘repeal’ mantra. GOP will have to go back to what it does best, like FNF and Solyndra.
Simple Truths
June 28th, 2012
10:39 am
Jay was against 5-4 rulings, before he was for them.
Don't Forget
June 28th, 2012
10:39 am
First Arizona, now this. Guess the R’s don’t understand the constitution as well as they claim.
td
June 28th, 2012
10:39 am
The court also said that the states can not be forced to set up the exchanges or force the Medicaid expansion and can not penalize the states for not doing so.
How is this going to be implemented in states like GA,
Brosephus™
June 28th, 2012
10:39 am
And I’m speaking as a pea grower (purple hull and black-eyed)
Don’t bogart the peas, man….
http://www.youtube.com/watch?v=mUkfiLjooxs
Finn McCool (The System Isn't Broken; It's Fixed ~ from an Occupy sign)
June 28th, 2012
10:39 am
ok, now it’s time for us libruls to kick it in gear and make sure we don’t get a republican president who will put in more conservative judges.
SheezLoiuse
June 28th, 2012
10:40 am
SPIN SPIN SPIN SPIN!! lmao!! SPIN SPIN SPIN….It is what it is. They ruled it constitutional!! What’s not to understand about that?? Either it IS or it ISN’T!! It IS!! Don’t get mad, GO GET DRUNK!!! They say that tends to help one get over his misery. LOLOLOLOL
ByteMe - Political thug
June 28th, 2012
10:40 am
I dunno…I think the Republicans will run with the “Obama lied about not raising your taxes” thing.
They can try… but then Obama says something like “only requiring those who are healthcare deadbeats to pay their share of the costs.” And the tax seems more like deadbeat dads paying their bills instead of Mom and Pop being taxed for living.
DebbieDoRight - Chocolate Coverered, Freak And Habit Forming
June 28th, 2012
10:40 am
What’s so funny about this whole ruling by the Supremes is that Alito has contradicted himself from previous rulings.
He’s so OBVIOUSLY a partisan hack who cares NOTHING about the constitution and only cares about his political party.
Joseph
June 28th, 2012
10:40 am
They BOTH suck:
No spin.. Just stating that the court said this was a tax.. How’s that spin… And it is yet another tax Obama has forced on the American people with not much benefit…
Bruno
June 28th, 2012
10:40 am
Just want to say sick it up your asses Libs.
Bruno is done on this blog.
getalife
June 28th, 2012
10:40 am
Told ya.
Money trumps ideology.
St Simons - he-ne-ha
June 28th, 2012
10:40 am
the obvious solution for the cons is Rmoney’s self-deportation idear…
to Idaho…or Somalia.
Peadawg
June 28th, 2012
10:40 am
I’m still waiting on the “activist” and “partisan” screaming from Jay.
F’ing hypocrite.
Steve
June 28th, 2012
10:41 am
All this means is that we are gradually moving to single payer. And that’s where we need to go, as it’s cheaper for all of us in the long run, and makes sense. The rest of the western world is really confused as to why we fight for our horribly inept/expensive/failing insurance system.
ty webb
June 28th, 2012
10:41 am
please disregard Jay’s earlier blog entry…or at least put it away for a while, I’m sure the court will “redeem” its partisan self in the future.
stands for decibels
June 28th, 2012
10:41 am
I may have to re-evaluate some of my ASSumptions about the Chief Justice.
Talking Head
June 28th, 2012
10:41 am
So the ACA isn’t a tax according to Obama, but according to the SCOTUS it IS a tax.
Oh yeah, and the US Supreme Court has now said that Congress can use the ‘taxing power’ to make us purchase anything the want us to purchase. That should work out well.
0311/8541/5811/1811/1801
June 28th, 2012
10:41 am
The SCOTUS has ruled (although very confusing and will cause even more confusion, legislation, more court fights, etc.) but we are a nation of law.
SO BE IT.
NOW ……………….. on to November !
Oscar
June 28th, 2012
10:41 am
Constitution gives Congress the power to tax. Simple and done.
stands for decibels
June 28th, 2012
10:42 am
F’ing hypocrite.
Goodness gracious.
Brosephus™
June 28th, 2012
10:42 am
Keep
Steve
June 28th, 2012
10:42 am
So…cutting health care costs via efficiency = bad to you cons. Yet our current system, which is about to collapse as it spirals out of control with costs = good?
Joseph
June 28th, 2012
10:42 am
I think Jay is pondering what to say next. He realizes that since the court said this was a tax and Obama said it wasn’t that it won’t look good to the average voter. LOL…
kitty
June 28th, 2012
10:43 am
Joseph, anyone in your immediate family have cancer? What happens if there is no insurance? Honestly, do you ever really think or does your knee just jerk in hatred against everyone? Do you have any idea at all that it is impossible for people with pre-existing conditions once you are diagnosed even if you are just fine now to actually get insurance on the market? This thing isn’t perfect and needs much refinement but it is a start. How about working to get a better mousetrap instead of just eliminating the whole thing. Still waiting for the GOP to actually say what they would replace it with? We get crickets on that because their plan is for people to die and get out of the way. Such a christian party. Hope they all rot in hell. Yep, this lib is emotional today because my dreams may now come true and I can work in my husband’s business and help create American jobs instead of working so I have health insurance.
Stonethrower
June 28th, 2012
10:43 am
I was wrong! Earth is now spinning right to left!
stands for decibels
June 28th, 2012
10:43 am
Bit of free general-election political advice to my friends on the other side of the aisle?
Most Americans aren’t actually allergic to the word “Tax.”
Joseph
June 28th, 2012
10:43 am
Now Obama can run on Obamacare… He hasn’t mentioned a word about it on the campaign trail…
ByteMe - Political thug
June 28th, 2012
10:43 am
Some people are just having trouble today.
Tag
June 28th, 2012
10:43 am
What’s the next Tax?
Peadawg
June 28th, 2012
10:43 am
“Physicians for a National Health Program responded critically to the Supreme Court’s decision, saying that the ruling did not amount to universal coverage, 26 million people will remain uninsured, it keeps in place high co-pays and gaps in coverage and it will not control costs.”
Lord Help Us
June 28th, 2012
10:44 am
Hope Jay has a pocketful of red cards today…looks like he will be handing them out frequently…
St Simons - he-ne-ha
June 28th, 2012
10:44 am
wait, mr. pompous, we can compromise on the tax!
We could buy you for what you’re worth, and sell you
for what you THINK you’re worth. Boom.
The profit would fund healthcare for centuries.
Joseph
June 28th, 2012
10:44 am
kitty:
Under law you cannot be turned away if you need medical treatment… Next…
USMC
June 28th, 2012
10:44 am
I guess we Productive Members of Society better get off Jay’s blog and back to work to help pay for the NON-productive here on the blog. Great victory for the Socialist/DemocRats.
Back to work…
kitty
June 28th, 2012
10:44 am
Peadawg, today you will get that partisan screaming from the right wingers….though I do wonder how they will deal with Roberts…bless his heart.
Kamchak ~ Thug from the Steppes
June 28th, 2012
10:44 am
Bruno is done on this blog.
Uh, huh.
Attention Congress
June 28th, 2012
10:44 am
Can you all get to work and concentrate on JOBS?
kitty
June 28th, 2012
10:44 am
Oh and Peadawg…such language….bad dawgie.
They BOTH suck
June 28th, 2012
10:44 am
Joseph
I’m talking about your overall take via numerous posts
jconservative
June 28th, 2012
10:45 am
The “tax” for not buying insurance does not carry either a criminal or civil penalty if one does not pay the tax.
Keep Up the Good Fight!
June 28th, 2012
10:45 am
Well we can see the fine sportsmanship display by the poster at 10:40…….
massachusetts refugee
June 28th, 2012
10:45 am
from a buried cnn article – does this maybe apply?? maybe some of you constitutional scholars can weigh in…
The first question the high court tackled in its seven-hour marathon argument in March was something few observers had expected: It boiled down to whether the law’s individual mandate is a “tax” that could prevent the court from considering the broader constitutional questions.
A little-known federal law — the Anti-Injunction Act, dating back to 1867– bars claimants from asking for a refund on a tax until it has been paid.
This “gateway” issue could render moot all the other pending health care questions if the justices think the minimum coverage requirement amounts to a tax.
Lord Help Us
June 28th, 2012
10:45 am
‘He realizes that since the court said this was a tax and Obama said it wasn’t that it won’t look good to the average voter. LOL…’
Yuuuup, another ‘win’ for you…
Jeffrey
June 28th, 2012
10:45 am
This was a conservative court upholding a conservative law. Just because a lot of the folks who call themselves conservatives these days really aren’t, doesn’t change the fact.
Brosephus™
June 28th, 2012
10:45 am
Bruno???
stands for decibels
June 28th, 2012
10:45 am
I think Jay is pondering what to say next.
what a strange situation for an opinion columnist to be in!
Joseph, what’s your take on the whole “direction the Sun rises in” controversy?
SheezLoiuse
June 28th, 2012
10:45 am
@Peadawg
OK, ok… so how about this…Damn those supreme court activist judges! They have plunged us into a Socialis Utopia! Liberal hacks!!
Oh wait…it still doesn’t change a thing. They upheld it!!! It is what it is. Feel better?
LOLOLOLOL. Boy this is so much fun.
Rightwing Troll
June 28th, 2012
10:45 am
“Just want to say sick it up your asses Libs.
Bruno is done on this blog.”
So eloquent, it needs to be repeated…
Look for Bruno on the 6:00p news, he’ll be the one holed up with the SWAT team outside trying to negotiate a surrender…
PJ
June 28th, 2012
10:45 am
Thank you Mr. President for the slings and arrows you’ve had to put up with but still remained a gentleman. I can hardly wait to hear you speak in your usual calm and cool yet decisive manner. You won’t spike the ball but ask us as Americans to come together so that other the great things yet to be done will be done. You will indeed go down in history for more than your race, and even more than this great almost insurmountable feat you’ve accomplished. You will be remembered for the class act you are. God bless you and the United States of America.
ByteMe - Political thug
June 28th, 2012
10:45 am
Physicians for a National Health Program
Who da heck are they? Oh, a group advocating a single-payer system. And they’re upset they don’t get one. Ok.
Joel Edge
June 28th, 2012
10:45 am
Love it. Welcome to a brand new Democrat health care tax.
They BOTH suck
June 28th, 2012
10:46 am
Bruno
Come one man. Have a little fun. You were ready to celebrate like it was “1999″.
gm
June 28th, 2012
10:46 am
Obama resume,
1. bin ladin dead
2. Health Care
3. Dont ask dont tell
4. Ledbetter Act
5. Cleaned up Bush two wars
6. Saved auto industry
This great President has done more for America in 3 years then Clinton, Bush 1, 2, Reagan, JFK, greatest President of all time””””””””
kitty
June 28th, 2012
10:46 am
Joseph, you are really clueless. They can turn me away unless the care is immediately needed from the ER for a life saving situation. That has NOTHING to do with long term cancer care….how ignorant are you?
Joseph
June 28th, 2012
10:46 am
kitty:
The GOP will repeal this and implement a plan with portability, tort reform, pre-existing conditions, and to keep kids on that going to college… Enjoy the ads about how this TAX will effect you though…
Skip
June 28th, 2012
10:46 am
Is all the spinning going to throw the earth off its axis?
Jay
June 28th, 2012
10:46 am
From the 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.”
Joseph
June 28th, 2012
10:47 am
kitty:
Medicaid is available for you…