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
TC
June 28th, 2012
12:46 pm
Jay, according to the court ruling, they sidestepped the commerce clause by callling the mandate a tax, which means all the premiums people now HAVE to pay and / or the “penalty” is a TAX. Just means the insurance companies (which will be driven out of business) are collecting the TAX.
Adam
June 28th, 2012
12:47 pm
Ranks up there win Iraq atacked the US
Thanks for outing yourself as a sarcasm poster. I was worried for a sec.
USinUK - pro-gay-marriage thug and former Girl Scout
June 28th, 2012
12:47 pm
By the way … (since I have a smile on my face) …
the high this weekend? a cool and comfortable 70 degrees.
JamVet
June 28th, 2012
12:48 pm
Poor Mary Jo…
Riiight.
Like you ever gave a flying ___ about that woman or any northeastern liberal Democrat…
Adam
June 28th, 2012
12:49 pm
Chief Justice Roberts – The New Darling of the Left
Hardly. Just glad he ruled in favor of upholding the whole thing. The jiggery pokey he did to make it happen is nothing short of amazing.
JamVet
June 28th, 2012
12:49 pm
Adam is it sarcasm of just plain old garden variety Republican depravity?
It’s hard to tell…
Brosephus™
June 28th, 2012
12:50 pm
1 of the sadest days in US history. Ranks up there win Iraq atacked the US
Alright, somebody please tell me this is a sad attempt at creating a sock puppet here??? Please???
Joseph
June 28th, 2012
12:50 pm
Obama will be TAXING poor and middle class Americans $95 or 1% of their income… Man thats a great thing to run on… LOL…
getalife
June 28th, 2012
12:50 pm
Debating the fake holder contempt gop over reach in the gop house.
Told ya it is a great day for our President.
Adam
June 28th, 2012
12:50 pm
JamVet: Even the cons know “we attacked them there so we wouldn’t have to fight them here.”
Joseph
June 28th, 2012
12:51 pm
getalife:
Yep it is wonderful. Roberts assured Romney he will be swearing him in on the bible in January…
Adam
June 28th, 2012
12:51 pm
Obama will be TAXING poor and middle class Americans $95 or 1% of their income… Man thats a great thing to run on… LOL…
So you admit taxing the poor and the middle class is a bad idea?
getalife
June 28th, 2012
12:51 pm
joey,
Lying does not work here.
Try kyle’s blog.
Oblama
June 28th, 2012
12:52 pm
Big Brother advances one more space in the the game of life.
USinUK - pro-gay-marriage thug and former Girl Scout
June 28th, 2012
12:52 pm
“middle class Americans $95 or 1% ”
middle class = 9500/annum???
carlosgvv
June 28th, 2012
12:53 pm
“what major civilized countries that have it are not broke”
Amazingly enough, the same ones that actually ENFORCE their immigraion laws.
getalife
June 28th, 2012
12:53 pm
c-span is great today.
Adam
June 28th, 2012
12:53 pm
Big Brother advances one more space in the the game of life.
Oh cry me a river. Or move to CANADA
nemesis
June 28th, 2012
12:53 pm
Sorry Occupation, but government subsidies work a little differently. I am not charged a tax specifically for the purpose of agricultural subsidies or any other except now this medical mandate. The government uses my income tax and the other approved tax formats to cover those costs as they see fit. This is new a tax for a specifically laid out for a product and service, which i am now forced to buy, regardless of whether or not i want it to begin with. The healthcare overhaul in its ideals is a great thing. What bothers me is the government’s newly acquired right to force me to buy a product that they deem to be in my and the nations best interest. Where does it stop? For me this is not a liberal or conservative matter, but more of a threat to the rights of the citizens of this country.
But on a brighter note, with this decision the court also just clarified that Obama is now responsible for the biggest tax increase in history (the mandate is a tax right?). Good luck running on that one in November. Thank you Justice Roberts for handing Romney the White house
JohnnyReb
June 28th, 2012
12:53 pm
I need to show up on this thread if for nothing else other than to wave the flag and state the battle is long from over.
Conservatives will take a few days to lick our wounds and recover from disappointment. Then, watch out.
Obamacare will go down unless Obama survives in November, which is unlikely since this SCOTUS ruling will energize Conservatives like nothing seen in the past.
larry
June 28th, 2012
12:54 pm
Didnt Limbaugh say he would leave the country if ACA was upheld ?
I wonder if he is packing yet.
godless heathen
June 28th, 2012
12:54 pm
getalife: What “facts” support your assertion that “cons” don’t have insurance?
Soothsayer
June 28th, 2012
12:55 pm
House contempt vote scheduled for 3:30 pm. Democrats planning walkout.
Keep Up the Good Fight!
June 28th, 2012
12:55 pm
Wow, imagine the tens of people upset about a “tax” imposed only if they don’t have corporate health insurance and don’t buy private health insurance and can’t be free riders on the system. Why I am sure that will greatly outnumber the people who love that their children are covered to age 26, the elimination of lifetime caps, the elimination of the ability to deny for pre-existing condition, an temporary high risk pools as well as mandatory preventative services now covered.
Oh despair the loss of the freedom to be silly and stupid and impose your health care costs on others.
JamVet
June 28th, 2012
12:55 pm
I suspect that the Budweiser, Keystone, Pabst, Schlitz and Coors Light in Cobb, Gwinnett, Cherokee, Forsythe and the other equally backwater counties in Georgia will be flying off of the shelves tonight!
Get good and drunk you Christian conservatives.
Like the song says…
http://www.youtube.com/watch?v=1IrdMyQSKr8
Jefferson
June 28th, 2012
12:55 pm
I guess they will blame President Bush for this.
Adam
June 28th, 2012
12:55 pm
Conservatives will take a few days to lick our wounds and recover from disappointment. Then, watch out.
Obamacare will go down unless Obama survives in November, which is unlikely since this SCOTUS ruling will energize Conservatives like nothing seen in the past.
AHAHAHAHHAHA. You have no more energy than you did during the Tea Party movement, and if you recall the liberals stayed home. NO such luck this year. It’s still going to be as close a race as it was ever going to be, with Obama STILL wining the electoral votes.
jconservative
June 28th, 2012
12:56 pm
On the Commerce Clause Roberts is saying that Congress has the constitutional authority to regulate commerce, but they clearly cannot “create” commerce.
And a warning to voters from the CJ on their responsibility to make informed decisions at the polls:
“It is not our job to protect the people from the consequences of their political choices.”
And this is not the first case in which the CJ has been reluctant to override policies established by the duly elected representatives of the people. You can expect this philosophy of the CJ to turn cases in the future.
Stonethrower
June 28th, 2012
12:56 pm
Will Romney be sworn in with The Book of Morman?
Adam
June 28th, 2012
12:56 pm
JamVet: I’m going out to drink to CELEBRATE. Tonight. And Tomorrow night, And ALL of Saturday.
I’m just sad my “I Like Obamacare” stuff won’t arrive until after that.
Joseph
June 28th, 2012
12:57 pm
Adam:
Oblama and dems have implemented the largest TAX INCREASE in American history.
getalife
June 28th, 2012
12:57 pm
godless,
Because they are crying today.
Personal responsibility.
You will use the system so stop crying and pay for it.
I do.
Stonethrower
June 28th, 2012
12:57 pm
Mormon…..
Goldie
June 28th, 2012
12:57 pm
Only in GOP-gooberland can you be “against” the individual mandate after you were “for” it.
Adam
June 28th, 2012
12:57 pm
Oblama and dems have implemented the largest TAX INCREASE in American history.
Cry me a freaking river
CARTER was CURSED
June 28th, 2012
12:58 pm
JamVet loves big government “redistribution of the wealth”…… socialist speak for stealing.
Jefferson
June 28th, 2012
12:58 pm
This ruling don’t befront me.
getalife
June 28th, 2012
12:58 pm
Stonethrower,
Help me out, I am looking for planet kolob.
Do you know where it is?
Joseph
June 28th, 2012
12:58 pm
JamVet:
Yes we may as well start celebrating the victory we’ll have in November. The election will be about Obamacare and the economy. Two things that Oblama has failed at…
DebbieDoRight - Chocolate Coverered, Freak And Habit Forming
June 28th, 2012
12:58 pm
SoCoBro: Would you believe that I was accused of threating people simply because I quoted lyrics of “Chocolate City” here? Gainin’ on ya… Movin’ in around ya…
Those people are De-Void of De Funk! (Like Sir Nose!) For how else can you capture a bootie if you don’t attack from the back? To the rear….MARCH!!! I can dance underwater without getting wet!!
I’m so loaded with De-Funk today after listening to Parliament last night, that I’m just Funkalicious Big Daddy!!
Peadawg
June 28th, 2012
12:59 pm
Kyle’s headline – “Obamacare upheld — as the tax Obama promised us it wasn’t”
Yup…knew that was coming.
Jefferson
June 28th, 2012
12:59 pm
The ecomomy is in much better shape today than it was 3.5 years ago.
Fact.
Joseph
June 28th, 2012
12:59 pm
386,000 Americans have filed for unemployment this week… Looks like more bad jobs numbers for this failed President….
getalife
June 28th, 2012
12:59 pm
You cons can thank your nominee for his law.
Jefferson
June 28th, 2012
1:00 pm
Kyle, it appears it indeed a parrot.
Stonethrower
June 28th, 2012
1:00 pm
Go to Pluto, hang a left and proceed 30 light years.
Joseph
June 28th, 2012
1:00 pm
Jefferson:
Unemployment was at 7.8%.. Its not 8.2%.. What’s better?
JamVet
June 28th, 2012
1:00 pm
middle class = 9500/annum???
I know.
The lucidity level is dropping quickly…
Adam, good point.
I guess to that extent, everybody, especially the package store owners, win!
Crossover blues meets jangly rock/power pop…
http://www.youtube.com/watch?v=2gQEDwjhaDE&feature=relmfu
DawgDad
June 28th, 2012
1:00 pm
“No one that has health insurance today will be affected. ”
We ALREADY know that is a lie.
yuzeyurbrane
June 28th, 2012
1:01 pm
And took a major step in rehabilitating the Supreme Court’s reputation as a court where the rule of law prevails.
Butch Cassidy
June 28th, 2012
1:01 pm
Joseph – “The election will be about Obamacare and the economy.”
Really, what was it about before?
getalife
June 28th, 2012
1:01 pm
joey,
The w collapse has consequences.
We lost a decade of good job growth.
You can thank w.
JohnnyReb
June 28th, 2012
1:01 pm
Adam – in addition to oppostion to Obamacare continuing in the House majority, today’s ruling gives States the right to not expand their Medicare rolls without the Feds retribution. This is a huge problem for the intent of Obamacare.
So, enjoy this shallow victory and then start using those grey cells to project the mess ahead.
Jefferson
June 28th, 2012
1:01 pm
They didn’t like Romney till they had to and now they don’t want to kiss him.
Goldie
June 28th, 2012
1:01 pm
So sad that we had too many “activist” judges in the SCOTUS decision of Bush v. Gore in 2000 — America has been paying too high a price ever since that debacle!
medicineman
June 28th, 2012
1:01 pm
Welcome to the world of” Let Daddy Take Of Me” All you idiots that think more government controls a good thing get ready Spend a day at the VA hospitals if your so unable to think for yourself, Do for yourself, support yourself. What do you thinks going to happen when we put another 12 million illegals on the healthcare role.Welcome to I can see you in 6 months for an appointment.
JamVet
June 28th, 2012
1:02 pm
386,000 Americans have filed for unemployment this week… Looks like more bad jobs numbers for the failed parasitic corporations and “job producers”….
HUGE LOL!
godless heathen
June 28th, 2012
1:02 pm
godless,
Because they are crying today.
Personal responsibility.
You will use the system so stop crying and pay for it.
I do.
?? Where the F do you get the idea that I don’t? I bet you $10 that more Republicans pay for their own health insurance than Democrats. Wanna bet before we go looking for data?
Joseph
June 28th, 2012
1:02 pm
The silence for Jay is deafening. I think he realizes that it would have been better for this to be struck down because now its all on Oblama for the largest TAX increase in American history….
Adam
June 28th, 2012
1:02 pm
“redistribution of the wealth”…… socialist speak for stealing.
Actually that’s not a socialist phrase at all. It comes from the right.
Peadawg
June 28th, 2012
1:03 pm
I went to lunch…has Jay back-tracked and apologized for his “activist” and “partisan” whining from Monday??
Jay
June 28th, 2012
1:03 pm
Watching Fox is pretty damn funny.
Jefferson
June 28th, 2012
1:03 pm
oh,well.
Paul
June 28th, 2012
1:03 pm
Joseph
“Obama will be TAXING poor and middle class Americans $95 or 1% of their income… Man thats a great thing to run on… LOL…”
Do you ever read or think before you post?
Look up “ACA premium subsidies.”
You know, like the ones small business get, just for individuals.
James
June 28th, 2012
1:03 pm
Mixed bag on the ruling… It will really hurt the middle and lower middle
class who really can’t afford to buy heath insurance. If you make $50K a
year and don’t buy insurance you have to pay a small tax of 1% which would
be a $500 penalty which will come out of your tax refund if you get one.
However this is much cheaper the paying big $$ every month to BCBS/United, etc. who
are going to raise rates through the roof….
I like the no coverage denied rule and kids on parents to 26 years age ruling
but its going to be expensive….
Another TAX of the Government…. Let’s see I live over in Oconee and they just
raised our millege rate 1% for schools and now they want us to vote for TSPLOST
which I will vote no…. Vote out all incumbants…..
Goldie
June 28th, 2012
1:04 pm
VP Biden: “He’s a job creator — in Singapore, China, India. He’s been very good at creating jobs overseas.”
Bwaaaaa!
Sophie's Choice
June 28th, 2012
1:04 pm
LOLing at Aquagirl @10:24, and high-faving Sheez-Louise @10:24…LOVIN’ IT!!!
Joseph
June 28th, 2012
1:04 pm
Butch Cassidy:
How Mitt Romney worked at Bain and how he’s rich blah blah blah…
Now its about Oblama implementing the largest TAX increase in American history…
Granny Godzilla - Union Thugette
June 28th, 2012
1:05 pm
BIGGEST TAX INCREASE IN THE WHOLE UNIVERSE AND ALL THE ALTERNATE UNIVERSES…..
From Rep. Hoyer
Republicans are already claiming the President’s deficit reduction plan is the largest tax increase in history. But unfortunately for them, the facts don’t back them up. Drawing straight from their source, here are the facts:
The Treasury Department working paper they’ve referenced compares the first four years of tax changes.
They are using “inflation adjusted dollars,” which is an incorrect measure. Our economy is more than twice the size it was in the mid 1980s in inflation adjusted dollars. That means an identical tax change would be twice as large today in inflation adjusted dollars as in 1985. The correct measure should be “as a percentage of GDP,” as the working paper itself suggests:
“The single best measure for most purposes is probably the revenue effect as a percentage of GDP, because it eliminates the effects of inflation, real economic growth, and the size of total federal receipts.”
Conveniently, the Treasury Department working paper they’ve referenced does measure tax changes as a percentage of GDP. By this single best measure, the largest tax increase in modern history was under their conservative hero, President Ronald Reagan, in 1982, and was 25% larger than President Obama’s proposal.
It’s time for Republicans to get serious about creating jobs and reducing the deficit. Rather than protecting tax breaks for the wealthiest Americans, we hope Republicans will work with us on the President’s balanced plan to create jobs, reduce the deficit and ensure all Americans pay their fair share.
Just cause you lost this one is no reason to amp up the lies.
Tea Party Meber
June 28th, 2012
1:05 pm
I no this come electon time I am not voting for Justice Roberts again. We shuold all vote him out!
JamVet
June 28th, 2012
1:05 pm
Don’t cry too much, you boys in the Anti-Sciences Party.
Global cooling promises January like temperatures this weekend…(For Alice Springs, Australia)
Donna P.
June 28th, 2012
1:05 pm
It’s funny how the Democratic leaders can enact the biggest tax INCREASE in U.S. history and some of you are happy about.
Herman's Cane
June 28th, 2012
1:06 pm
I wonder what is more damning to the opposition: the failure of the Wisconsin recall, or the failed repudiation of Obamacare.
Methinks we have a winner.
Curious
June 28th, 2012
1:06 pm
“1 of the sadest days in US history. Ranks up there win Iraq atacked the US”
I must’ve been out of town that day.
The party of “Personal Responsibility” should be celebrating. At least some of the freeloaders will be off our back.
Goldie
June 28th, 2012
1:06 pm
“Watching Fox is pretty damn funny.”
Jay, it’s always a good idea to keep a sense of humor when watching Fox Noise!
Donna P.
June 28th, 2012
1:06 pm
I’m talking about taxpayers being happy about it not the welfare/medicaid recipents. They don’t count as they are just leeches.
getalife
June 28th, 2012
1:06 pm
The gop house are very angry. today
godless,
I don’t bet with cons because they welch.
JohnnyReb
June 28th, 2012
1:06 pm
Jefferson
June 28th, 2012
1:01 pm
They didn’t like Romney till they had to and now they don’t want to kiss him.
_____________________________________________________
We are old fashioned. We kiss before being screwed. Romney has not screwed us yet, everything is copasetic, the kissing starts at the convention.
Joseph
June 28th, 2012
1:07 pm
Paul:
Don’t you realize that the incentives won’t be enough for business’s to cover these costs? They will layoff or not hire new workers… get ready to go back to 10% unemployment thanks to to Oblama and the dems…
Peadawg
June 28th, 2012
1:08 pm
“Watching Fox is pretty damn funny.”
Watching you scream activist and partisan all afternoon Monday when you didn’t agree with the supreme’s decision was funny as hell also.
JohnnyReb
June 28th, 2012
1:08 pm
Jay
June 28th, 2012
1:03 pm
Watching Fox is pretty damn funny.
____________________
No its not. Its pathetic, and they screwed up their live coverage this morning.
Curious
June 28th, 2012
1:08 pm
The only people paying the “Tax” are many of those 50% previously paying nothing.
Republicans should be celebrating.
DebbieDoRight - Chocolate Coverered, Freak And Habit Forming
June 28th, 2012
1:09 pm
386,000 Americans have filed for unemployment this week… Looks like more bad jobs numbers for this failed President….
Well where are the JOBS (Bill) that the REPUBLICAN Congress said would be their number one priority if we put them in office? You don’t think they lied to us just to get us to VOTE for them do you?
I’m shocked!! SHOCKED I tell ya!!!
Paul
June 28th, 2012
1:09 pm
Joseph
You’re familiar with the subsidy levels for businesses?
Care to share?
You’re also aware of how many employees a business has to have before they fall under ACA?
Care to share?
josef
June 28th, 2012
1:10 pm
Just a question:
If the government will subsidize the payments for those who cannot afford insurance and that insurance is to be bought from private insurance companies, does that not equate to government subsidies to the private sector? How is that socialism?
Finn McCool (The System Isn't Broken; It's Fixed ~ from an Occupy sign)
June 28th, 2012
1:10 pm
Watching Fox is pretty damn funny.
LOL, tune in to Hannity at 4pm. That’s gonna be a blast.
getalife
June 28th, 2012
1:10 pm
reb,
It is willardcare.
He screwed you cons.
Weird, you want to kiss willard for inventing ObamaCare.
ld
June 28th, 2012
1:10 pm
Has anyone in the GOP controlled House suggested impeaching Roberts?
Paul
June 28th, 2012
1:10 pm
Curious
“The only people paying the “Tax” are many of those 50% previously paying nothing.
Republicans should be celebrating.”
I don’t see why, as they created that large pool under the Bush Administration with the tax cuts, child care credits, expansion of other credits, etc.
godless heathen
June 28th, 2012
1:11 pm
Goldie,
So sad that we had too many “activist” judges in the SCOTUS decision of Bush v. Gore in 2000 — America has been paying too high a price ever since that debacle!
Bush had more votes in Florida. News organizations went back to Florida and tried to find the votes that would have made Gore win. They weren’t there. Another libbie fantasy that won’t die – Gore beat Bush.
Joseph
June 28th, 2012
1:11 pm
Paul:
Why don’t you enlighten us… I’m not sure if this Google thingy is working right…
ODD OWL
June 28th, 2012
1:11 pm
The Chief Justice John Roberts led Supreme Court has ruled essentially that mandated RomneyCare and ObamaCare is the same thing… Its like they’re connected… Its about time that the Romney Republicans and the Obama Democrats worked together in a bipartisan fashion to do what’s good for the American people… Now the Democrats and the Republicans must work together to combine Romneycare, ObamaCare, social security, medicare, medicaid and aid to Mothers with dependent Children into one all inclusive single payer, Universal National Health Insurance… Isn’t America Great ???
sheepdawg
June 28th, 2012
1:11 pm
victory for the middle class and common sense, sweet defeat for the right wing nuts and tea baggers
Finn McCool (The System Isn't Broken; It's Fixed ~ from an Occupy sign)
June 28th, 2012
1:12 pm
They will layoff or not hire new workers
For the 1 millionth time. Businesses hire based on demand, not on what taxes they have to pay. Jeez, read a book or somehting!
Oblama
June 28th, 2012
1:12 pm
JamVet “never saw a handout he didn’t like”? I don’t know about that -he hasn’t replied to your statement. What say you JamVet?
getalife
June 28th, 2012
1:12 pm
It is willardcare silly.
Paul
June 28th, 2012
1:13 pm
josef
“How is that socialism?”
Because Democrats did it, silly!
Jay
June 28th, 2012
1:13 pm
SUX, drop the personal insult in your blog name please. That is not permitted here.
Not so much
June 28th, 2012
1:13 pm
Who knew Roberts was a political activist. Had us all fooled. What’s the next mandate. The chickens will come home to roost sooner rather than later. America will not stand for military healthcare for the public at large plus, we can’t afford it. We are a nanny state who mistakes dependence for security. No doubt John Adams is spinning in his grave. I doubt this was what our founding fathers intended. God help us.
Finn McCool (The System Isn't Broken; It's Fixed ~ from an Occupy sign)
June 28th, 2012
1:14 pm
Think I’ll try to avoid cutting off any obvious GOPers on the way home today. Road Rage may be evident this afternoon (combined with the heat, oh my!)