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
stands for decibels
June 28th, 2012
10:47 am
(So it doesn’t get moderated out…)
Just want to say [insert your good news into your nether-region] Libs.
Bruno is done on this blog.
Oh, come on.
Dude. You’ll be back.
You can’t quit us.
Thomas Heyward Jr.
June 28th, 2012
10:47 am
Government cheese and Government broccoli.
.
Makes a serf happy.
ZoSo
June 28th, 2012
10:47 am
The “tax” for not buying insurance does not carry either a criminal or civil penalty if one does not pay the tax.
So if you don’t buy insurance, or pay the tax, and you end up in the hospital, who pays?
Recon 0311 2533
June 28th, 2012
10:47 am
The decision to strike down state mandated medicaid expansion seems that it could favor the states that sued if they can now opt out of the ACA.
ByteMe - Political thug
June 28th, 2012
10:47 am
does this maybe apply??
The answer is YES. It applies. Because they ruled it was a tax, all other questions about constitutionality went out the window and they were left with the expansion of Medicaid to ponder.
0311/8541/5811/1811/1801
June 28th, 2012
10:47 am
REPEAL THE LAW !
USinUK - pro-gay-marriage thug and former Girl Scout
June 28th, 2012
10:47 am
“Just want to say sick it up your asses Libs.
Bruno is done on this blog.”
oh, my … that’s what the Brits call “throwing your toys out of the pram”
gtfan1951
June 28th, 2012
10:47 am
By, BY Obama vote the bums out!
joe suggs
June 28th, 2012
10:47 am
Emperor Allah Obama Bin Laden strikes again !
USinUK - pro-gay-marriage thug and former Girl Scout
June 28th, 2012
10:48 am
“You can’t quit us.”
brokeback blog?
ByteMe - Political thug
June 28th, 2012
10:48 am
The “tax” for not buying insurance does not carry either a criminal or civil penalty if one does not pay the tax.
Where do people get this nonsense that a tax doesn’t have to be paid??
Steve Atl
June 28th, 2012
10:48 am
Congrats to the liberals.
Pretty surprising…but hopefully temporary. I am voting for Romney who has pledged to overturn Obamacare…just a couple months away. Hopefully many conservatives and independents will do the same thing.
Joseph
June 28th, 2012
10:48 am
gm:
I sure hope he runs on that. Osama being dead is about the only thing the American people support…
Atlanta Mom
June 28th, 2012
10:48 am
Joseph–what planet do you live on? “Under law you cannot be turned away if you need medical treatment”
I suppose it you are currently bleeding out, they must treat you. But they surely don’t have to do much more than that.
How does CROW taste?
June 28th, 2012
10:48 am
baked, fried, bar-b-qued or just raw!!!
Jay
June 28th, 2012
10:49 am
Well, Speaker Boehner must be happy. I don’t see any of his people spiking the ball ….
Welcome to the Occupation
June 28th, 2012
10:49 am
So Obama’s cleverness in putting the right-leaning court in a bind, forced to choose between a quasi-universal coverage, a “socialist”-type mandate (never mind that it was a conservative idea) and torpedoing a revenue bananza for a private health sector, worked.
Cue the talk about “11-dimensional chess” again.
PJ
June 28th, 2012
10:49 am
Rightwing Troll @10:45 am
I hope he doesn’t let the door hit hime on the way out.
Also, hats of to mm who predicted this outcome a few days ago.
SM
June 28th, 2012
10:49 am
This country, and you idiots that support this, are clueless, stupid, uneducated lemmings following one another over the cliff to the death of this nation. Today was the first giant step toward the fall of democracy in this nation. If Obama is re-elected, we’ll be owned by the Chinese before he’s out of office. We’ll default on our debt just like half of Europe and the US will no better than Greece or Spain. I wish I’d never had children now.
USinUK - pro-gay-marriage thug and former Girl Scout
June 28th, 2012
10:49 am
“I am voting for Romney who has pledged to overturn Obamacare”
yeah. because he was for it before he was against it.
Rightwing Troll
June 28th, 2012
10:49 am
Spin and dance wingnuts… the 5 D’s… Dodge, Dip, Duck, Dive… and Dodge…
All kidding aside, just judging from the wingnut response on this blog, I predict someone will die as a result of this ruling… hopefully the unhinged wingnut won’t go all McViegh or Koresh on us and the damage will be minimal, but look out…
TiredOfIt
June 28th, 2012
10:49 am
What is it republican’s always say? If you don’t like it you can leave. Goodbye!
mm
June 28th, 2012
10:49 am
As we’ve noted for 4 years here, cons don’t take defeat very well.
Misty Fyed
June 28th, 2012
10:49 am
This is actually good news for all non democrats seeking election this year.
Steve Atl
June 28th, 2012
10:50 am
Don’t get too cocky Mr. Bookman…the election is 4 months away…
Stonethrower
June 28th, 2012
10:50 am
Look for Romney to claim credit for the new health care law. After all it was modeled after his plan while gov. of Mass.
godless heathen
June 28th, 2012
10:50 am
A Great Day for the Insurance Companies!!! Rejoice!!
Steve: So…cutting health care costs via efficiency = bad to you cons.
You actually believe health care costs are going to go down because of the ACA?
Joseph
June 28th, 2012
10:50 am
Steve Atl:
That’s what they don’t understand. When the ad blitz starts touting how you’ll be TAXED because of Obamacare it will certainly change the landscape. Just tying the word TAX to Obama spells defeat..
ITS ALL BUSHS FAULT
June 28th, 2012
10:50 am
SM you got wrong , Republicons and moorons like you are trying to destroy this country. Dumba$%r8
TiredOfIt
June 28th, 2012
10:50 am
SM “uneducated lemmings” is listening to right-wing spin machine.
Steve - USA ("None of the Above")
June 28th, 2012
10:50 am
“Where do people get this nonsense that a tax doesn’t have to be paid??”
It was on the SCOTUS web site but it was an error and they admitted it. Sadly you will most likely hear this error over and over for a long time.
Normal Free...Pro Human Rights Thug...And liking it!
June 28th, 2012
10:50 am
That can’t be our Bruno…he’s more together than that. I bet he’ll show for FNM…
0311/8541/5811/1811/1801
June 28th, 2012
10:51 am
Joe conservative:
“The “tax” for not buying insurance does not carry either a criminal or civil penalty if one does not pay the tax.”
I spent three years with IRS-Criminal Investigative Division. If there is no penalty (civil or criminal and no “forced” mechanism to collect it), then you are correct ………. it is NOT a tax in the true sense of the word.
It is a “tap dance”.
Jay
June 28th, 2012
10:51 am
That said, he had a good idea about taunting that ALL sides ought to respect.
gm
June 28th, 2012
10:51 am
Joseph
When will you right winger learn you dont speak for all Americans, now the right are throwing stones at the Courts, what a bunch of cry baby losers”””’
St Simons - he-ne-ha
June 28th, 2012
10:51 am
Obama the Mammmmmba (thwack!) pwns you again, cons.
Bow to him.
Welcome to the Occupation
June 28th, 2012
10:52 am
SM: “If Obama is re-elected, we’ll be owned by the Chinese before he’s out of office”
Huh?
Ohhhh, I get it, I think.
It was that ad with the Chinese university lecture that convinced you.
Got it.
You actually BUY that crap?
JamVet
June 28th, 2012
10:52 am
WOW!
Been making money on the other screen, but note that in just 37 minutes there have been 230 posts put up here.
JB rocks the Atlanta blogging world…
They BOTH suck
June 28th, 2012
10:52 am
Jay
Not the ball but Boehner and Co are spiking the punch………… with the hard stuff
Joseph
June 28th, 2012
10:52 am
Jay:
None of you have answered my question. How will Oblama be able to run on raising TAXES? The Supreme’s said this is a TAX…
mm
June 28th, 2012
10:52 am
Do you know how many voters will be pissed at the GOP if they campaign on taking away everyone’s healthcare. Check and mate.
0311/8541/5811/1811/1801
June 28th, 2012
10:52 am
As Neal Boortz said yesterday, a ruling of this type would be the best way to ensure a defeat of Obama in November.
Time will tell, time will tell …………………………
Brosephus™
June 28th, 2012
10:52 am
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…
You might wanna consult with GOP Congresspeople first before jumping out on that ledge.
Republicans still have only one thing in mind when it comes to President Barack Obama’s health care law: full repeal.
If the Supreme Court wholly or partially strikes down the law on Thursday, House Republicans won’t rush to pass a bill that allows young adults under 26 to stay on their parents’ insurance. They won’t pass legislation forcing insurance companies to cover people with pre-existing conditions. And the gap in drug coverage that requires seniors to pay more out of pocket — the so-called donut hole — won’t immediately be closed.
….
The refined legislative strategy — described to POLITICO by several top-level Republican aides — is a shift from where the party was a few weeks ago. Earlier this month, top GOP officials were privately deliberating what legislation they would push to fill the gap caused by a full strike-down of Obama’s health care law. Corralling lawmakers behind hefty legislative proposals in an election year would also be a tough task.
Read more: http://www.politico.com/news/stories/0612/77870.html#ixzz1z6FI9zSW
I don’t think the GOP has a plan other than repeal nor are they working up any plan other than repeal. I could be wrong, but that’s going by what insiders in the GOP congressional circle are saying.
ZoSo
June 28th, 2012
10:53 am
“The “tax” for not buying insurance does not carry either a criminal or civil penalty if one does not pay the tax.”
I spent three years with IRS-Criminal Investigative Division. If there is no penalty (civil or criminal and no “forced” mechanism to collect it), then you are correct ………. it is NOT a tax in the true sense of the word.
It is a “tap dance”.
And this makes insurance more affordable how?
ITS ALL BUSHS FAULT
June 28th, 2012
10:53 am
Hey Cons would you like a piece of cheese for your whine?? HAHAHA ………LOSERS>
getalife
June 28th, 2012
10:53 am
Personal responsibility cons.
You will use the service, so pay up deadbeats.
Joseph
June 28th, 2012
10:53 am
mm:
Were you around in 2010? That’s what that election was all about…
Mr Right
June 28th, 2012
10:53 am
No wonder Scalia was in such a foul mood earlier this week. I suspect that mood is going to last a good long time.
I suspect the majority of the people will be in a foul mood for a while!
CJ
June 28th, 2012
10:53 am
Actually, Justice Roberts hit the nail on the head.
Regardless of the semantics, the law essentially raises everybody’s taxes by $2,000 (or whatever the amount of the penalty is), and then gives a $2,000 tax credit for everybody who purchases health insurance. Nobody can reasonably argue that Congress doesn’t have that authority, and to the discredit of the law’s proponents, few argued that they did.
A rare kudos to Justice Roberts for seeing what so many missed…the obvious.
Peadawg
June 28th, 2012
10:53 am
Chief Justice John Roberts wrote about the individual mandate, citing the taxing clause:
“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 insurance. Such legislation is within Congress’ power to tax.”
But…but…but…Obama said it isn’t a tax. Woops.
TiredOfIt
June 28th, 2012
10:53 am
Neal Boortz is irrelevant
Linster
June 28th, 2012
10:54 am
Welcome to the United Socialist States of America, you inbred retarded welfare pieces of sh*t.
Uncle Billy
June 28th, 2012
10:54 am
Halelujah!!!!!!!!!!!!!!!!!
Joseph
June 28th, 2012
10:54 am
ZoSo:
Are you ignoring what the Supreme Court said.. This is a TAX…
Aquagirl
June 28th, 2012
10:54 am
just judging from the wingnut response on this blog, I predict someone will die as a result of this ruling…
Seriously. Look, we have been moving away from employer-supplied healthcare for a while, it’s just a step. The Republic will not collapse, Nancy Pelosi will not force broccoli down your throat, and you won’t be forced into a gay marriage. Relax.
All this wingnutty live free or DIE crap is an insult to the people who actually fought for that right. Appropriating the phrase for a bumpersticker on your Medicare-paid scooter is silly.
They BOTH suck
June 28th, 2012
10:54 am
godless
No healthcare cost are not going down, just like they haven’t for 30 plus years
Time for Obama and the Repub House to start tweaking this less then stellar bill and move forward……
stands for decibels
June 28th, 2012
10:54 am
he had a good idea about taunting that ALL sides ought to respect.
Agreed.
I do wonder if Bruno perhaps had a bit of money riding on the outcome.
Oscar
June 28th, 2012
10:54 am
So if you don’t buy insurance, or pay the tax, and you end up in the hospital, who pays?
___________
Without insurance, you can only be treated in the ER, and then only until you are stable, then they send you home. Otherwise you can’t be addmitted to a hospital.
Peadawg
June 28th, 2012
10:55 am
ITS ALL BUSHS FAULT
June 28th, 2012
10:53 am
Such good sportsmanship. Right Keep?
gtfan1951
June 28th, 2012
10:55 am
Time to clean my musket and leave this crazy union!
Kamchak ~ Thug from the Steppes
June 28th, 2012
10:55 am
I wish I’d never had children now.
The feeling will be (if not already is) mutual.
zeke
June 28th, 2012
10:55 am
as i understand it, you only get “taxed” if you don’t buy health insurance……i guess excepting medicaid folks…….the whole problem is relying on for profit health care companies….i truly doubt they would add significant efficiencies without some incentive and my guess is they will collude
They BOTH suck
June 28th, 2012
10:55 am
I’m sure Neil is calling Roberts every name in the book and then some
Oscar
June 28th, 2012
10:55 am
Don’t know why bruno is mad at liberls. Chief Justice Roberts is not a liberal.
Lord Help Us
June 28th, 2012
10:55 am
Wonder how long it will take (following the AZ immigration ruling and the ACA ruling) for Roberts to become the new ‘Breyer?’
Uncle Billy
June 28th, 2012
10:55 am
Calm down Linster. You might have a heart attack or stroke. Then the Socialists would have you in their care.
BW
June 28th, 2012
10:55 am
Jay
I see you have many in this blog with the sour face right now! Let’s get back to work Congress….we know what the problem is…not enough revenue to support the amenities that the people overwhelming want…there is only one solution…more revenue and lower spending…get to work Congress and not on abortion, the Keystone pipeline, or contempt hearings…our fiscal situation is priority #1
mm
June 28th, 2012
10:55 am
“How will Oblama be able to run on raising TAXES?”
Joseph, I guess you haven’t been looking at the polls that sowed 67% of Americans support higher taxes to reduce the deficit. And the CBO said ACA will reduce the deficit.
HockeyDawg
June 28th, 2012
10:55 am
Maybe the biggest news from this opinion is that we see another justice appointed by a Republican, Roberts, swinging to the left. Let’s hope his turn is not as hard core as that of Warren, Blackmon, and Souter, who all became dyed in the wool Lefties. Kennedy again sides with the conservatives. But with Roberts siding with the left on this and on immigration, I’m afraid he may be establishing a pattern that he’s taken a hard turn to the left, as so often happens when judges get into the Washington environment. A very scary prospect for America!
kawasaki kid
June 28th, 2012
10:56 am
Looks like Justice Roberts is now sure to face impeachment hearings!
0311/8541/5811/1811/1801
June 28th, 2012
10:56 am
“A LAWYER WITH A BRIEFCASE CAN STEAL MORE THAN A THOUSAND MEN WITH GUNS.”
Mario Puzo
ByteMe - Political thug
June 28th, 2012
10:56 am
If there is no penalty (civil or criminal and no “forced” mechanism to collect it), then you are correct ………. it is NOT a tax in the true sense of the word.
Where is anyone getting that there is no penalty for not paying a tax that’s owed?? What kind of weird disinformation is being put out there now and why are people accepting it without question??
USinUK - pro-gay-marriage thug and former Girl Scout
June 28th, 2012
10:56 am
“I wish I’d never had children now.
The feeling will be (if not already is) mutual.”
luz ya, Kam!!!
kitty
June 28th, 2012
10:56 am
Joseph, by the time I would get it I would be dead. Like I said…clueless. Besides this will cost you no more unless you don’t have insurance and it makes exchanges etc available to you to get the insurance required. So do you feel this way about required car insurance? I see no difference. Without everyone having car insurance if you are hit you pay your own repair. Now you are paying health care costs of everyone without insurance. I had surgery several years ago where the cost before insurance was 16,000. When the insurance co was done it was down to 1,000 due to the contract. What do you think the other 15k was? PAYING THE HEALTH CARE COSTS FOR THOSE WHO DON”T PAY BECAUSE THEY CAN’T DUE TO NO INSURANCE.
Welcome to the Occupation
June 28th, 2012
10:56 am
Welcome to the United Socialist States of America, you inbred retarded welfare pieces of sh*t.
LOLLLL
getalife
June 28th, 2012
10:56 am
All my doctors are using digital medical records thanks to this law.
Thank you President Obama.
Adam
June 28th, 2012
10:57 am
Bruno is done on this blog.
Oh come on. You just can’t quit us
Michael
June 28th, 2012
10:57 am
Fantastic! Scalia will be pouting for some time, but hey he got his Super Pac ruling. Can’t win them all Tony.
Jay
June 28th, 2012
10:57 am
They said the penalty for not having insurance is a tax, Joseph.
It sure is funny to see you declare victory no matter what happens. It’s consistent with your overall debating style though. No matter how badly you are thrashed … Joseph wins!
Joseph
June 28th, 2012
10:58 am
I’m wondering how long it will be before I find out how much TAX I’ll have to pay..
Lord Help Us
June 28th, 2012
10:58 am
‘I wish I’d never had children now’
As a father, I am revolted by this.
Oscar
June 28th, 2012
10:58 am
But with Roberts siding with the left on this and on immigration,
________
Roberts did not side with the left. He sided with the constitution. that’s what he took an oath to do.
CJ
June 28th, 2012
10:58 am
“And this makes insurance more affordable how?”
Insurance is a way of pooling our funds to pay for unexpected expenses. The more people in the pool, the less each person has to contribute. If the more people who are joining the pool (younger and healthier) have lower payouts than those who were already in the pool (older and sicker), then that reduces premiums even further.
Mark
June 28th, 2012
10:58 am
WHERE IS td? I cannot wait to hear what he has to say now. LOL!
0311/8541/5811/1811/1801
June 28th, 2012
10:58 am
A “tax” is a “TAX” only if it can be enforced through madatory seizure with civil and criminal penalities.
Try not paying any other “tax”.
In other words, “smoke and mirrors” verbage in order to uphold the mandate.
stands for decibels
June 28th, 2012
10:58 am
I think Curtis put it best, wherever you stand on this…
Why can’t we brothers
Protect one another
No one’s serious
And it makes me furious
Don’t be misled
Adam
June 28th, 2012
10:58 am
Jay: That said, he had a good idea about taunting that ALL sides ought to respect.
Screw that. The posters on here continually bashing liberal ideas need to 1) realize this wasn’t a liberal idea at all and 2) DESERVE TO HAVE THEIR ASSES HANDED TO THEM over this.
Brosephus™
June 28th, 2012
10:59 am
But with Roberts siding with the left on this and on immigration, I’m afraid he may be establishing a pattern that he’s taken a hard turn to the left
I’m afraid you’re wrong. The SCOTUS is NOT supposed to be about partisaned politics. They are supposed to interpret law. If you or others can’t see that, then that’s on you. I don’t think Roberts is any different a person now than he was when he was confirmed.
sick2stomach
June 28th, 2012
10:59 am
For all of you that are praising this. Next time when they make you pay a fine for buying a Toyota instead of a Ford, dont come crying. This is the end of individual freedom. All you Obama lovers can kiss my ***. You sheep just keep on collecting checks of hard working Americans backs, lazy ****.
Joseph
June 28th, 2012
10:59 am
Jay:
Glad you admit it Jay but even you don’t realize how toxic this will be for dems? Do you remember 2010??
getalife
June 28th, 2012
10:59 am
All my doctors are for ObamaCare.
They are happy today.
God bless President Obama for helping the American people.
Don't Forget
June 28th, 2012
10:59 am
An optimist might say that maybe, since the law will stand, we can move forward and improve it.
Don't Forget
June 28th, 2012
10:59 am
An optimist might say that maybe, since the law will stand, we can move forward and improve it.
Thomas Heyward Jr.
June 28th, 2012
10:59 am
The Constitution died years ago……this qualifies as necrophilia.
.
Be that as it may, liberty dies with it.
.
Not with a thunderous boom, but with the Bookman’s of the world dancing on their desks and engorging theirselves with government cheese.
Mark in mid-town
June 28th, 2012
10:59 am
Looks like the U.S. Supreme Court has ruled that Obamacare is really just a massive increase in taxes, and thus constitutionally permitted. That being the case, perhaps Jay Bookman will stop the spin that Obama has cut taxes and is the most frugal president since Ike. I eagerly awaiting for you to do that Jay.
jawga404
June 28th, 2012
11:00 am
Jay, this whole case was about standing. The real fireworks do not start until 2015, when the tax (penalty) is actually imposed. The makeup of the court when that time comes will likely be much different than it is today from an ideological standpoint.
ITS ALL BUSHS FAULT
June 28th, 2012
11:00 am
All of you con whiney panty waste, ITS CONSTITUTIONAL NOW… STFU
Talking Head
June 28th, 2012
11:00 am
Crony Capitalism is getting ready to soar to new levels. The Gov can now tax you if you don’t purchase something they want you to (expect lobbyist to multiply infinitely) or they can tax you because you purchased something they didn’t want you to.
Keep Up the Good Fight!
June 28th, 2012
11:00 am
As others have pointed out…..26 million Americans remain uninsured. The ACA is and remains only a step to fix this horrendous situation.
Adam
June 28th, 2012
11:00 am
No matter how badly you are thrashed … Joseph wins!
Or, in the words of someone else earlier today:
Slap down is painful and truly embarrassing.
Thanks for the assist Donovan!