Obamacare upheld: What it means now and in the future
Challenging Obamacare on constitutional grounds was never what anyone on the right wanted to rely on as a Plan A. “Repeal and replace,” the mantra of conservatives since Congress approved the health-insurance overhaul in 2010, is a high bar requiring the election of a president and congressional majorities dedicated to taking Obamacare off the books and passing more sensible reforms in its place. But persuading the Supreme Court to void the law by declaring it beyond Congress’ power to regulate interstate commerce, while sincerely believed to be correct, was always a higher bar to clear.
The irony is that we cleared the higher bar, and have nothing to show for it.
Do not confuse this for spin: Barack Obama and the Democrats won a clear policy victory today in seeing the court uphold their health law. There’s no denying that. Any other outcome would have been a debacle for them. This is the opposite of a debacle. That would be a victory.
That said, five of the court’s nine justices just agreed that compelling individuals to enter the market for a private company’s product does not fall within Congress’ power to regulate interstate commerce. This is the very idea to which then-Speaker Nancy Pelosi responded, when asked about it by a reporter two years ago, “Are you serious? Are you serious?” So, this is a remarkable moment given the last 80 years of Supreme Court jurisprudence and an important limit on federal power. In those terms, it looks like a legal win going forward for conservatives.
Unfortunately, Chief Justice John Roberts sided with the court’s four liberal justices and bought the Obama administration’s tortuous argument that the consequence for failing to comply with the mandate to buy health insurance was a “tax” — even though the president himself, during the debate about the law, repeatedly denied it was a “tax”; even though, as noted in the main dissent to the ruling, Congress rejected a version of the law that called for a “tax” as a penalty; even though Congress chose to use the word “tax” elsewhere in the law but not in reference to the penalty for failure to meet the mandate; even though the court’s majority decided it wasn’t a “tax” for purposes of the Anti-Injunction Act; and even though, again from the dissent, there are multiple instance of the federal government’s using its taxing apparatus to collect penalties that cannot possibly be considered “taxes.”
Judge for yourself whether it was judicially modest of the Roberts court to find any avenue possible to defer to the legislative branch, or judicially immodest to ignore Congress’ contradictory words and deeds in locating that avenue somewhere down a rabbit hole. No prizes for guessing where I stand.
My initial reaction to the taxing-power argument was that it pretty much offset any gain from the newly defined limit of Congress’ Commerce Clause powers. I am still not comforted by the court’s reasoning that Congress can tax someone for not buying something. And I am dismayed that Roberts not only justified this reasoning by comparing “not buying insurance” to “buying gasoline” or “earning income,” but also suggested a new tax Democrats could constitutionally try: a $50-per-household tax for not having energy-efficient windows. (Talk about getting kicked while you’re down.)
The more I think about it, however, all that is no more dismaying than knowing Congress can also decide to tax as much of a person’s income as it wants. The only thing standing in the way is the will of the people.
Which brings us to the biggest takeaway from today’s ruling. If Obamacare is to be reversed, it will have to be done by elected officials acting on the will of the people.
And that means it may not be a political victory for Obama.
It might be, of course. The prospects of re-electing Obama and/or keeping a majority in at least one chamber of Congress, and thereby keeping the law on the books, must be less daunting than trying to enact a new, similar (or even more far-reaching) health law. And while Obamacare is unpopular, there is a chance public opinion will shift in its favor now that the court has ruled. If so, that would boost Obama.
But there are other reasons it may hurt him: The intensity of Obamacare opponents will ratchet back up — remember how fired-up people were during the townhall meetings of 2009? If they have any political acumen whatsoever, Republicans will remind voters over and over again that Democrats sold the law as one thing (not a tax) only to win in court by saying something else (it’s a tax). Expect to see clips like this one and this one in GOP ads early and often.
Of course, the big question will be whether Mitt Romney is the one to capitalize on an issue like this, given his record on health reform (”Romneycare”) as governor of Massachusetts. I see two good ways for him to do it: First, frame the issue in part as an element of tax reform, and the need to get rid of a federal tax code that seeks to compel Americans to behave certain ways in exchange for one that gets government out of private individuals’ personal decisions and taxes only as much as it needs, without prejudice.
Second, to lend credibility to his promise to lead efforts to repeal Obamacare and replace it with something better, Romney should choose a running mate who can speak credibly about the issue. And in my mind, no one fits that description better than Louisiana Gov. Bobby Jindal.
– By Kyle Wingfield
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512 comments Add your comment
christian champagne
June 28th, 2012
6:19 pm
Mr Wingfield this is a fair minded article until you mentioned Bobby Jindal. I live in La and am a registered republican. obviously you don’t know Bobby Jindal or you think you do. In my opinion he is the biggest disappointment in a leader in my lifetime which is saying quite a bit in La. Bottom line he is an extremely unattractive candidate in manner, in speaking ability, and he is selfsih and in my opinion not truthful He is transparently fraudulent in my opinion ans I was originally very excited about his candidacy for Governor as i felt he would be something new and positive but alas he is AWFUL… If he is the Vp candidate he will be an embarrassment and conservatives if you really care and are not dishonest people need to understand the reality of Jindal. I warned you bra!
davetv
June 28th, 2012
6:20 pm
And for you who cry about companies making “record profits” you might also consider they are also spending record amounts of costs to do business, paying record amounts of taxes, and making record low profit margins.
ima.libtard.00
June 28th, 2012
6:20 pm
Beauty!!! I just watched the SECOND yew-toob video… SMACK!!! Back up… Reverse it!!!
This is going to be DEADLY for Obama!
I ALSO read the official complaint that Romney issued to Washington Post’s article about “he sent jobs oversea” that Obama has been PUMMELING us all with on TV. BIG FAT LIE!!! Romney did NOT send jobs overseas – HE CREATED THEM HER and WASN’T EVEN WORKING FOR BAIN for TWO of them! I smell a lawsuit on that one AND a retraction of that Political Commercial LIE!
This is going to be a WILD RIDE, folks!
independent thinker
June 28th, 2012
6:21 pm
It is amazing how the right wing sheep see anything that is a penalty or surcharge for not paying for a service as the horrible evil use of the taxing power of the government. I guess they all worship at the feet of Grover Norquist. Guess what if you own a home you get taxed for education of other people’s kids if you have no school age children. You get penalized if you do not mow your grass by the code compliance officers and even if you like high grass. You get penalized or taxed for medicare and social security even if you have private pension and private insurance. You get fined in some counties if your toilet tank is too big even if it makes crap go down better.What Obamacare does not do is tax the general public for free medicare drugs that are not funded by the medicare recipients (George W.)who use them and it does not allow anyone who is not poor or elderly to waltz into an emergency room and get everyone else to pay for their treatment since they chose not to buy insurance (Reagan). Anyway John Roberts determined the individual mandate was not a tax. So deal with it.
davetv
June 28th, 2012
6:22 pm
John – Even conservative Rebublicans would argue against you on that. That just goes against your “parasite” argument.
No, they wouldn’t and No, it doesn’t
md
June 28th, 2012
6:23 pm
“It is amazing how the right wing sheep see anything that is a penalty or surcharge for not paying for a service as the horrible evil use of the taxing power of the government.”
Can’t have it both ways……it was a 5-4 decision for Obama…….and a decision that clarifies it as a “tax”………..
TRUTH
June 28th, 2012
6:23 pm
GOP = MASSIVE, EARTH ALTERING, FAIL! I SAY AGAIN, FAIL!!
WINNERS = THE AMERICAN PEOPLE!!
NOW!! TIME FOR SINGLE PAYER!! HEALTHCARE FOR EVERYONE!!
GOP ANGST!
I Report (-: You Whine )-: mmm, mmmm, mmmmm! Just sayin...
June 28th, 2012
6:23 pm
A corporation makes a product and sells it to the public. The public has a choice on whether to buy or not, no gun is held to their heads, but give obozo time, he will correct that. Products, like, let’s say for instance, computers and internet connections.
Now, your average pinko, you can tell who I’m talking about by the amount of lies and poison they are full of today, will tell you that the corporation that sold you that product is making “obscene profits,” even though no one told you to buy that computer or house or argula or whatever it is was shelled the money out for. You had a choice, unless it was union dues or health care or taxes, but that’s a different dissertation. You had every right to say, screw you, man, I ain’t buying your toilet paper, I’ll use today’s copy of the Urinal. Or you could pulp your own wood into tissue. Or you could start your own company, sell your stuff at cost and forage the Earth to survive. Your decision. Drill for your own oil, clown. Or buy skateboard from a fellow, profit free liberal and ride on down the highway with it.
That being said, what, exactly, does your average layabout dummycrat parasite contribute to our society?
I’m waiting…
GFY
June 28th, 2012
6:23 pm
“Considerable expierence on these forums…..” sounds like a parasite with time on their hands….mail truck just stopped at your door with your meds!!
Lil' Barry Bailout (Unexpectedly Revised Downward--Again)
June 28th, 2012
6:25 pm
Kamchak ~ Thug from the Steppes: I’ve been paying cash for my healthcare for years. The medical staff have been nothing but professional and caring.
————————
Nevertheless, most folks are clamoring for health insurance. They are more than willing to pay (or have taxpayers pay on their behalf) for this product to manage the risk of a catastrophic illness or injury.
Somehow, economic retards like you got it in their heads that this product should be “free”.
John
June 28th, 2012
6:25 pm
md,
“For those on the left trying to debate that it is not a tax, so Obama was not lying, unfortunately, today’s ruling says otherwise”
I’ve asked this before and every conservative on here ignored it, including Kyle. If that is true, then isn’t it also true Mitt Romney broke his anti-tax pledge he signed (yes, it’s in writing) when he signed RomneyCare into law?
TRUTH
June 28th, 2012
6:25 pm
OH, ALMOST FORGOT… @ GOP… BWHAAHAHAHHAHHAHHAHHHHAHAHHAHAHHA!!!
davetv
June 28th, 2012
6:26 pm
Spout blatant lies and call it research. Nice.
GFY
June 28th, 2012
6:26 pm
Bookman’s site will be slow today….oh well maybe he still has Granny Godzilla and the venerable AmVet with multiple windows on his gov’t provided high speed internet….
GFY
June 28th, 2012
6:28 pm
Lil’:
These ‘tards have no shame in taking other people’s money…..maybe we should just call them Greeks.
JDW
June 28th, 2012
6:28 pm
@LBB…”non-ignorant know that the rich pay almost all the income taxes.”
The non-ignorant also know that income taxes provide less than 1/2 of government revenue.
davetv
June 28th, 2012
6:30 pm
Gotta run off to work so I can pay my fair share of the parasite’s health care.
iggy
June 28th, 2012
6:30 pm
One good thing about this is that most of the people who wanted ObamaCare are the poor “will nots” who think they have won the sweepstakes. And they are correct. They have won the tax increase sweepstakes.
They are a miserable, jealous, lot and will remain so. Im happy for them.
Lil' Barry Bailout (Unexpectedly Revised Downward--Again)
June 28th, 2012
6:30 pm
JDW: The non-ignorant also know that income taxes provide less than 1/2 of government revenue.
——————–
Yeah, especially since Obozo is borrowing about 40% of the revenue.
John
June 28th, 2012
6:31 pm
Rafe Hollister, suffering through Oblamer’s ineptocracy
Why do you assume I have employor paid health insurance? As a consultant, I’ve had to buy my own private policy and it’s now where’s near your 12,000 figure.
iggy
June 28th, 2012
6:32 pm
“I’ve asked this before and every conservative on here ignored it, including Kyle. If that is true, then isn’t it also true Mitt Romney broke his anti-tax pledge he signed (yes, it’s in writing) when he signed RomneyCare into law?”
The answer to your question is……*drum roll please……a RESOUNDING, NO!!
Lil' Barry Bailout (Unexpectedly Revised Downward--Again)
June 28th, 2012
6:32 pm
When does that cost curve start to get bent down? Can’t wait for that!
Finn McCool (The System isn't Broken; It's Fixed)
June 28th, 2012
6:33 pm
So, which side of Mt Rushmore do we chisel Judge Robert’s face into?
GFY
June 28th, 2012
6:33 pm
JDW:
care to guess what will happen when China tells us to go pound sand and they will not loan us money to buy their products…..the money printing presses will begin and the cruel inflation boogie man will be coming to your door.
John
June 28th, 2012
6:34 pm
davetv,
Get your facts straight. Corporations are sitting on tons on money. Instead of putting money back into the economy via hiring, etc., corpoartions are hoarding money.
getalife
June 28th, 2012
6:34 pm
Told ya it would pass cons.
I agree about jindal.
willard/bachmann.
The scary ticket.
Kamchak ~ Thug from the Steppes
June 28th, 2012
6:34 pm
So, which side of Mt Rushmore do we chisel Judge Robert’s face into?
The backside, where else.
GFY
June 28th, 2012
6:34 pm
Only when BO can get the CBO to go along with his bogus cost curve estimates……
AmVet
June 28th, 2012
6:34 pm
Meat, go lynch a gay person.
…making record low profit margins..
davetv, out of whose rectal orifice do you get this stuff?
They are above 10%, a margin tha texceeds those of even the 1950s.
http://tinyurl.com/6qpuzj2
getalife
June 28th, 2012
6:36 pm
Oops, I agree with christian champagne on jindal .
palin is available.
GFY
June 28th, 2012
6:36 pm
Do tell, John the Consultant, why those corporations are sitting on the hoards of cash?
Kamchak ~ Thug from the Steppes
June 28th, 2012
6:37 pm
Do tell, John the Consultant, why those corporations are sitting on the hoards of cash?
Because they can.
GFY
June 28th, 2012
6:37 pm
Where in Decatur do you live?
GFY
June 28th, 2012
6:38 pm
When did you stop beating your spouse?
AmVet
June 28th, 2012
6:39 pm
why those corporations are sitting on the hoards of cash?
I see the answer to the question that I asked at 6:34!
Kamchak ~ Thug from the Steppes
June 28th, 2012
6:39 pm
When did you stop beating your spouse?
Which one?
GFY
June 28th, 2012
6:40 pm
Yes they can…..until BO tries to raid their coffers as well.
John
June 28th, 2012
6:40 pm
iggy,
“The answer to your question is……*drum roll please……a RESOUNDING, NO!!”
And your rationale for that? RomneyCare has the same individual mandate which taxes anyone who doesn’t have health insurance.
Streetracer
June 28th, 2012
6:40 pm
AmVet @6:08
I should think that you know that companies that make a profit pay taxes on that profit unlike the the 48% households that pay no federal taxes at all
GFY
June 28th, 2012
6:41 pm
Kamchak….now that’s funny….I don’t care what AmVet says….that is funny stuff.
iggy
June 28th, 2012
6:41 pm
“Do tell, John the Consultant, why those corporations are sitting on the hoards of cash?”
The big bad business boogieMan is sitting on tons of cash and they are not gonna release it because they have to pay the tax man. So get ready…more layoffs coming for YOU!
iggy
June 28th, 2012
6:42 pm
“And your rationale for that? RomneyCare has the same individual mandate which taxes anyone who doesn’t have health insurance.”
Im sorry my good man but you are again, wrong.
NEXT!!
GFY
June 28th, 2012
6:43 pm
AmVet…..thanks for the tip on spell check and grammar check….you are on top of it. Not sure what “it” is though but you are on top of it/riding it.
Dave
June 28th, 2012
6:43 pm
The only thing I haven’t read or heard today is that the Chief Justice is an “activist” judge. I do love the right’s reaction, we’re going to “repeal” that darn law. Maybe in the House, not in the Senate. That being the case, if Speaker Boehner or Gov. Romney, or someone else, have a better idea, bring it on. If it’s cheaper or gives more health care for less money, I’m on their side. But, I’ve got a good sum of money available for wager that no one on the right is going to offer any specifics this year before the election or next year, win or lose in November, after the election. After all the GOP’s entire goal in life these days is to oppose what the President wants.
I’m not a Democrat; though, I’m, decidedly not a Republican. The latter party still seems to me to be the party of “no.” Whatever Obama wants, no. No alternative, just no. We aren’t going to tell you anything about what we propose, just no and trust us. Sorry but I don’t.
AmVet
June 28th, 2012
6:43 pm
Tiberius Meat, I get it. this has been a really, really, really bad day for you GOP First, America Second boys.
Get used to it.
There are plenty more coming…
I should think that you know that companies that make a profit pay taxes on that profit…
Street, considering that 30 major corporations made billions of dollars in profits while paying no federal income tax between 2008 and 2010, I find that an odd statement.
Kamchak ~ Thug from the Steppes
June 28th, 2012
6:44 pm
Kamchak….now that’s funny….I don’t care what AmVet says….that is funny stuff.
You know, when I awoke this am I said to myself, “Self, what can you do today to make CommieAJC laugh?”
Good to know I accomplished that one little thing today.
GFY
June 28th, 2012
6:44 pm
Do you drive a Subaru?
Kamchak ~ Thug from the Steppes
June 28th, 2012
6:45 pm
Do you drive a Subaru?
No.
John
June 28th, 2012
6:47 pm
Streetracer,
Just to name a few…
Verizon Communications
Profits: $19.8 billion Effective tax rate: -3.8%
General Electric
Profits: $19.6 billion Effective tax rate: -18.9%
Boeing
Profits: $14.8 billion Effective tax rate: -5.5%
NextEra Energy: North America’s largest solar and wind power operator, based in Florida
Profits: $8.8 billion Effective tax rate: -2%
American Electric Power: Electric utility based in Columbus, Ohio
Profits: $8.2 billion Effective tax rate: -6.4%
Pacific Gas & Electric: California electrical utility
Profits: $6 billion Effective tax rate: -8.4%
Apache: Houston-based oil and gas company
Profits: $6 billion Effective tax rate: -0.3%
Consolidated Edison: New York energy company
Profits: $5.9 billion Effective tax rate: -1.3%
El Paso: Houston-based energy company that operates the country’s largest natural gas pipeline
Profits: $4.6 billion Effective tax rate: -0.9%
CenterPoint Energy: Electric and gas utility company based in Houston
Profits: $3.1 billion Effective tax rate: -11.3%
GFY
June 28th, 2012
6:47 pm
Deferred taxes escapes the concept of some…..the answer to all questions is make corporations pay more taxes, right AmVet? I would hazard to guess that AmVet pays as much as he can in taxes….in other words, NOTHING.