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
Tiberius - Banned from Bookman's and proud of it!
June 29th, 2012
12:26 am
Does not matter, we have already been cautioned regarding treading on Bookman’s toes by our host.
Unlike some on here, I follow the rules, therefore you do not et to find out why I was banned from Bookman’s
Soothsayer
June 29th, 2012
12:36 am
Tiberius: I don’t give a flying rat’s rump roast why you were banned from Bookman’s blog.
Just the fact that you were banned tells me all I need to know.
I liked all those assumptions you made in your 12:24, none of which are true. But, what the heck, live delusional! All the rest of the Fright-Wing does!
Soothsayer
June 29th, 2012
12:38 am
Poor, poor, delusional Tiberius. You should know by now that insults have no effect on me whatsoever.
But, I wouldn’t want to deprive you. Insult away!
Tiberius - Banned from Bookman's and proud of it!
June 29th, 2012
12:47 am
I’ll adjust my initial prognosis and say that Soothsayer will go crying to Bookman’s within 3 weeks.
She’s already got her panties in a wad. . .
Tiberius - Banned from Bookman's and proud of it!
June 29th, 2012
12:50 am
And with that, I’ll say goodnight.
Kamchak ~ Thug from the Steppes
June 29th, 2012
12:51 am
I don’t give a flying rat’s rump roast why you were banned from Bookman’s blog.
Melt-down + blog suicide.
Epic.
Obamacare | NewsTrendr
June 29th, 2012
1:13 am
[...] NewsThe ObamaCare ElectionWall Street JournalWashington Post (blog) -Globe and Mail -Atlanta Journal Constitution (blog)all 19,595 news [...]
gt_me
June 29th, 2012
1:57 am
Kyle – its very simple our tax code always penalizes people for not doing something. Case in point you have a home mortgage deduction if and only if you have a home mortgage – if you rent you are penalized (you don’t get the home mortgage deduction) which depending on your tax bracket could be a quite sizable penalty.
Flounder
June 29th, 2012
3:55 am
So as a small business owner (just me, actually) I will now have to report my income to determine my Health Insurance Premiums. The more I make, the higher my Premiums. What’s my incentive for making more money?
Redcoat
June 29th, 2012
5:53 am
Nothing is left to do but vote………but now is that just to continue a ruse that “the people” have power?……Why do I feel what’s the use of working and building my own life, when so many expect others to provide it for “free”. Politicians passing obamacare saying it wasn’t a tax, but now top court says it is, did they lie or do they just don’t know what they are doing?
Michael
June 29th, 2012
5:55 am
As far as I’m aware, there’s not a single industrialized country in the entire world that 1) has a form of universal health care and that also 2) has overall worse quality of health for its citizens than does the United States. The data are overwhelming: universal health care correlates with healthy people, and market-driven health care does not. The only way you can justify withholding universal, affordable health care is to affirm that your ideology is more inherently valuable than the actual quality of life that people really and truly live. This is the essence of conservatism: ideology precedes reality. That’s why your side is losing ground.
Redcoat
June 29th, 2012
6:01 am
gt…….difference is now it’s a tax on what you don’t do……..no choice, no freedom. Government can now tax you if you don’t buy OR rent…..or buy a certain car…….on and on and on………
Redcoat
June 29th, 2012
6:04 am
Micheal……….”animal farm” sound familiar to you?
Redcoat
June 29th, 2012
6:05 am
sorry……Michael*
Redcoat
June 29th, 2012
6:09 am
It’s down to those who want to run every aspect of others lives and those who want every aspect of their lives ran by someone else. These two groups have control now.
Aquagirl
June 29th, 2012
6:42 am
This is the essence of conservatism: ideology precedes reality. That’s why your side is losing ground.
I learned everything I need to know about Republicans on August 11th. That was the day of the debate where none of the candidates would accept $10 in tax cuts for $1 in tax increases.
If you can’t play well with others, you get sent home. The Bush-appointed conservative Chief Justice had to send the extremists home, if they don’t get the message after that move, they’re hopeless.
Tiberius - Banned from Bookman's and proud of it!
June 29th, 2012
7:08 am
“That’s why your side is losing ground.”
Kinda forget the 2010 elections, Bubba?
Missed that report about Romney raking in $3.2 in less than a day after this ruling, Michael?
I Report (-: You Whine )-: mmm, mmmm, mmmmm! Just sayin...
June 29th, 2012
7:10 am
600 off topic personal comments from hair pulling, eye scratching liberal blog warriors damn sure is a broken record.
Congratulations, Kyle.
Lil' Barry Bailout (Revised Downward)
June 29th, 2012
7:11 am
gt_me: if you rent you are penalized (you don’t get the home mortgage deduction)
——–
Of course you don’t get it–you’re not the owner.
Honestly, where does this parasite entitlement mentality come from? Oh, right, the Democrat party, public schools, and the liberal media.
I Report (-: You Whine )-: mmm, mmmm, mmmmm! Just sayin...
June 29th, 2012
7:13 am
Roberts’ majority opinion on the issue of the mandate is a painful but perhaps necessary reminder that we have a serious political problem in this country — that Americans must start electing the right members of Congress, not counting on judges to bail us out from bad decisions made by those we have elected. Roberts makes us look in the mirror, perhaps reminding voters that people get the government they deserve. Indeed, the Chief Justice put it in black and white in his opinion: “It is not our job to protect the people from the consequences of their political choices.”
Roberts really did implement the death of liberalism by a thousand cuts and the dummycrats don’t even know they are bleeding.
Perfect.
Tiberius - Banned from Bookman's and proud of it!
June 29th, 2012
7:21 am
“I learned everything I need to know about Republicans on August 11th. That was the day of the debate where none of the candidates would accept $10 in tax cuts for $1 in tax increases. ”
Then you learned NOTHING Aquagirl. Are you THAT irresponsible (and do you want your elected officials to be that irresponsible) to agree to a question of national importance that has no substance behind it? What cuts? What tax increases? Say – Romney, fr instance – raised his hand and said, “Yes, I would accept $10 in cuts to $1 in tax increases”. Come January 2013 (or perhaps January 2017 because there’s no way a Democrat-controlled House is coming back next year), Speaker Pelosi jams through another bill where they had to pass the bill in order to know what’s in it. It contains $10 in cuts to the military to $1 in tax increases to the wealthiest Americans. Knowing you, this probably isn’t a problem, but now, all President Romney has to listen to is how he once said he’d support this kind of bill, and all you’d do is sit around and call him a liar.
Bottom-line, statesmen don’t agree to policy brought up by a 7th place news reader.
“The Bush-appointed conservative Chief Justice had to send the extremists home”
You probably missed this in your “spiking the ball” euphoria, Aquagirl, but Roberts actually reigned in the extremists on the left with this ruling, in that he killed any unlimited use of the Commerce Clause to compel a citizen to be forced to buy something he / she doesn’t use. That his tax argument was a bit illogical, he rightly put the ball back in the political court, and now requires that politicians like Pelosi, Reid and Obama call a tax a tax and now have to stand in the light, rather than the shadows when they want to fund their next grand scheme.
Let me ask you a question. How many Democrats in the House and Senate would have voted for this bill if funding for it came from a tax on the middle and lower classes, rather than hiding behind the Commerce Clause and calling it a penalty?
Thomas Heyward Jr.
June 29th, 2012
7:30 am
I’m sure that the ORomney(John Kerry Jr.) GOP will repeal ObamaCare..as soon as they get around to abolishing the Department of Education, reigning in Washington spending, and what ever else they have been running on for the past 20 YEARS.
.
Sucker Tattoo..meet..forehead.
.
Its still not too late to vote for Ron Paul.
Jack
June 29th, 2012
7:34 am
The tax/penalty on the uninsured is supposed to be enforced by the IRS. If they are to do this, some changes will have to take place when filing a 1040. Not sure how IRS will enforce the law if the uninsured doesn’t have to file.
Tiberius - Banned from Bookman's and proud of it!
June 29th, 2012
7:35 am
Thomas Heyward, Ron Paul has about as much chance of getting elected as you have of writing anything of substance.
Paulistas – Putting the “C” in Crazy.
Tiberius - Banned from Bookman's and proud of it!
June 29th, 2012
7:37 am
Jack, why don’t they just do the easy thing they always do – make it a payroll deduction?
Oh, wait – that would be too visible, wouldn’t it Princess Pelosi?
Lil' Barry Bailout (Revised Downward)
June 29th, 2012
7:47 am
I learned everything I need to know about Republicans on August 11th. That was the day of the debate where none of the candidates would accept $10 in tax cuts for $1 in tax increases.
———-
And Republicans learned in the 80s and 90s that Democrats can’t be trusted to deliver the spending cuts they promised in return for tax increases.
It’s the spending, stupid.
oh nosies
June 29th, 2012
7:53 am
Lots of Chicken Littles on here apoplexed over more people having access to affordable healthcare. Obama is evil, evil, evil……………..
Aquagirl
June 29th, 2012
8:01 am
Let me ask you a question. How many Democrats in the House and Senate would have voted for this bill if funding for it came from a tax on the middle and lower classes
Tib, frankly I thought you’d be off with the rest of the teanuts cleaning your tricorn hat and musket in preparation for the assault on Ft. Sumter. So I’ll humor you with a response: I don’t know, and I don’t care. I also don’t know or care how many angels can dance on the head of a pin.
Hypothetical questions have a place…like in presidential debates, where voters are trying to suss out candidates’ ideology. I realize you’d like to talk about anything but Republican intransigence. But I’m not going to humor you that much.
The Republican party has failed to offer real world solutions. Uninsured people? Let ‘em die. Millions of illegals? Deport them all and build a magic fence. Record deficits? No new taxes ever. Some other country is lookin’ at us funny? Start a war. Climate change? It’s a conspiracy.
There is no future for a party unwilling to accept reality.
md
June 29th, 2012
8:03 am
“The founders expected the legislative branch to the dominant branch, the most powerful.”
As was mentioned earlier, you must have missed the part about “separate but equal”…..as for the commerce clause…..the founders actually gave that power to the States….their vision had the States running their own affairs with “help” from the fed where needed……..now, they serve their master.
oh nosies
June 29th, 2012
8:05 am
“As far as I’m aware, there’s not a single industrialized country in the entire world that 1) has a form of universal health care and that also 2) has overall worse quality of health for its citizens than does the United States. The data are overwhelming: universal health care correlates with healthy people, and market-driven health care does not.”
Not to mention all of these countries providing universal coverage are doing it at a fraction of the cost of the healthcare in the US. Market driven healthcare = bad outcomes, bad economics.
sirwinston
June 29th, 2012
8:10 am
There so many people who want this healthcare and those who do not! This is America….nothing is or will be perfect. Everyone might say that the President is out of line…but when you look at what has happen; as a potential patient, you pay for everyone else coverage because of your hospital bill; those who don’t have it. Doctors and specialist charges you an arm and a leg for your care. Even if those that don’t like it, I want healthcare for myself and family. Sickness can come upon us quickly and perhaps we don’t like what the courts have done but can you afford paying for your healthcare if you have to be placed in a hospital? Simplely put, Insurance Company takes your money over the years, use it, invest it to make big profits; Doctors make big bucks, Specialists also make big bucks because doctors refer you to them for particulars testing and that is an additinal charge or charges and you are left with a big exploting bills, for all of the services render to you. Insurance is good; but if you don’t have it, you don’t get the service you really need, life and death comes into the picture and that is the first thing they ask for do you have medical insurance? The bottom line is….money for the doctors and specialists that you see; insurance companies don’t want to pay for it; big bucks remain in their coffer while you now can’t afford to see a doctor or a specialist because you don’t have insurance. Don’t think the medical industry is mad, upset because they can’t make as much money as they were making and paying out very little while you foot the buck of your hospital bill. That is story you haven’ heard. But what you have heard is all of the negative about getting insurance. Don’t let these people pull you to one side, or say that healthcare should not be mandatory. It could be a family member who might need critical care and you have nothing to fall back on.
JDW
June 29th, 2012
8:10 am
@LBB…”ust as an aside, how’s Obozo doing on that whole post-partisan thing? Is he bringing us together yet?”
Doing a good job on the SCOTUS…Roberts with the majority twice in a row!
md
June 29th, 2012
8:11 am
“Lots of Chicken Littles on here apoplexed over more people having access to affordable healthcare.”
Affordable is highly debatable at this juncture…..most folks only look at the surface and don’t understand the costs…..if our large society of “wont’s” (much different than a “can’t”) gets any bigger, costs will do nothing but increase…..
Then there is that little matter of additional costs to each and every state to administer and maintain the program (no, it isn’t free)……what do you think those many millions every year is going to do to the budget of a state like GA that requires the budget to be balanced every year…….Hint, they’ve been cutting just about everything these days in an attempt to stay balanced, and now more millions to worry about…….
If it stays, give it a few years and get bakc to us…..I’ll wager folks will be screaming that GA is having to cut things like education and the not so bright folks here will be asking why…….
Tiberius - Banned from Bookman's and proud of it!
June 29th, 2012
8:16 am
“The Republican party has failed to offer real world solutions.”
You mean like the SEVEN bills that died in Democrat-controlled committees during the health care debates of 2009, Aquagirl?
“Uninsured people? Let ‘em die.”
Covered under Republican plans.
“Millions of illegals? Deport them all and build a magic fence.”
Secure the borders FIRST, then let’s talk about fixing the remaining problem.
“Record deficits? No new taxes ever.”
Cut REAL spending FIRST, and then we’ll talk about taxes.
“Some other country is lookin’ at us funny? Start a war.”
Your first point today.
“Climate change? It’s a conspiracy.”
Even Al Gore’s greatest climate change supporter/scientist stepped back from the edge and said the claims are overrated.
Don’t talk to me about reality, Aquagirl, until you enter the real world yourself. In spite of your DNC talking points, the REAL world doesn’t revolve around them.
md
June 29th, 2012
8:18 am
“Not to mention all of these countries providing universal coverage are doing it at a fraction of the cost of the healthcare in the US. Market driven healthcare = bad outcomes, bad economics.”
Then don’t forget to mention that those countries for the most part have no defense budget either…..they’ve been able to live off the back of your tax dollars while they bought healthcare…..and I blame that on our politicians.
Then, please don’t forget to mention that they pay much more in taxes….ALL of them, not just the “rich”. Of course you are about to find out about that increase in taxes as this gets rolled out…..your premiums are about to go up to cover that group that can not afford it on their own…..many due to their own choices……the thugs and drugies of the world sure do thank you (sucker)
Tiberius - Banned from Bookman's and proud of it!
June 29th, 2012
8:20 am
oh noises, you DO realize that health data is based largely on death rates, don’t you?
Of course you didn’t.
Death rates don’t directly apply to health care quality or availability.
md
June 29th, 2012
8:25 am
“Don’t talk to me about reality, Aquagirl, until you enter the real world yourself.”
Her reality appears to be on the dnc talking point website…….being able to put together a logical equation to completion is not her strong suit…….neither is doing the extra research prior to spouting off her drivel….
She must have missed the latest charts that indicate co2 emissions and higher temps DO NOT have a direct relationship……….
oh nosies
June 29th, 2012
8:30 am
“oh noises, you DO realize that health data is based largely on death rates, don’t you?”
Not meant as a factual statement. Also, nice side step of the FACT that other countries with universal coverage spent a fraction of what we spend on healthcare. What’s wrong with this picture?
Keep dreaming
June 29th, 2012
8:31 am
Not sure how having the Supreme Court saying your mandate is really just the largest tax increase in the history of the world, especially after you spent 3 years running around swearing to everyone it is NOT a tax increase, is a “clear policy victory.”
oh nosies
June 29th, 2012
8:32 am
“Then don’t forget to mention that those countries for the most part have no defense budget either…..they’ve been able to live off the back of your tax dollars while they bought healthcare…..and I blame that on our politicians.”
Pretty good argument for lowering our defence spending and investing in life instead of death.
Keep dreaming
June 29th, 2012
8:33 am
@oh noises,
Simple answer. Those other countries have a fraction of the population that we do and they do not have a revolving door policy on immigration like we do.
oh nosies
June 29th, 2012
8:38 am
“Simple answer. Those other countries have a fraction of the population that we do and they do not have a revolving door policy on immigration like we do.”
You didn’t just say that! Whatever makes you feel better. Those healthcare numbers are percapita simpleton.
oh nosies
June 29th, 2012
8:45 am
“Then don’t forget to mention that those countries for the most part have no defense budget either…..they’ve been able to live off the back of your tax dollars while they bought healthcare…..and I blame that on our politicians.”
Hmmmmm, a fraction of what we spend on defense, a fraction of what we spend on healthcare while achieving universal coverage….. What’s right with this picture?
JDW
June 29th, 2012
8:46 am
@md…”Then don’t forget to mention that those countries for the most part have no defense budget either…..they’ve been able to live off the back of your tax dollars while they bought healthcare…..and I blame that on our politicians.”
Whil they spend far less on defense it is not relevant to health care. Looking at the number on a % of GDP basis quickly tells you that…n 2009 the US spent 17.4% of GDP on health care. In almost all of Europe it was around 11%, in the UK it was 9.8%, Japan was 8.5% and Canada was around 11%.
Bottom line they spend less on defense AND less on healthcare. They do spend far more on other social programs.
Lil' Barry Bailout (Revised Downward)
June 29th, 2012
8:48 am
Maybe you can explain how paying the $95 fine gets someone health insurance and keeps them from being a free rider.
JDW couldn’t.
Tiberius - Banned from Bookman's and proud of it!
June 29th, 2012
8:53 am
“Also, nice side step of the FACT that other countries with universal coverage spent a fraction of what we spend on healthcare. What’s wrong with this picture?”
No side step. I just don’t engage in apples to oranges comparisons, oh noises.
We have a much more litigious society, which requires doctors to run more and unnecessary tests to avoid malpractice suits to the tune of 30% of our total health care costs, and we have a more affluent society and greater standard of living than they do.
md
June 29th, 2012
8:59 am
“Pretty good argument for lowering our defence spending and investing in life instead of death.”
If that makes sense, then it would also make sense to not have as much insurance for something like say….healthcare?
Having a good defense is nothing more than insurance……we are better off having it and not needing it vs needing it and not having it……history is pretty clear that bad people do actually exist in the world.
md
June 29th, 2012
9:03 am
“Whil they spend far less on defense it is not relevant to health care. ”
Sure it is…….it’s all part of total cost……add in defense spending, and they either have to raise taxes even more or cut something else…….and in case you guys haven’t looked lately, they are not exactly the bastion of economic health at the moment……
Having it and being able to afford it are two entirely different concepts………..
JDW
June 29th, 2012
9:05 am
@Tiberuis..”We have a much more litigious society, which requires doctors to run more and unnecessary tests to avoid malpractice suits to the tune of 30% of our total health care costs, and we have a more affluent society and greater standard of living than they do.”
You are correct about us spending far too much on unnecessary tests and one of the benefits over time is that a single or large payer system can set standards to support those decisions leading to fewer tests. Tort reform can play a role but it has to be done in a way that protects the interest of those truly injured and having the ability to compare actions to a defined process is a good start.
Now to this part…”we have a more affluent society and greater standard of living than they do.”
Both correct which is what makes it so infuriating that we spend far more on health care for WORSE outcomes. When compared to Britain, Canada, Germany, Netherlands, Australia and New Zealand, all single payer, the US ranks DEAD LAST in quality of care despite spending enormous amounts more money.
http://www.reuters.com/article/2010/06/23/us-usa-healthcare-last-idUSTRE65M0SU20100623
Drudge
June 29th, 2012
9:07 am
So is this one less “war on XXX” now? It may take care of the “war on women” “war on middle class” and “war on healthcare” – so can you find some more wars on things before november? I think the “war on immigrants” is pretty good, but maybe you can fire up the “war on homosexuals” a but more, sprinkle in some “war on [race]” – just keep inventing wars on things until November, something is bound to resonate.
Whatever you do, don’t let the American people be distracted by the stalled economy, tensions with Russia and China, crisis in Syria, the collapse of the EU and demise of the Euro. Keep them focused on who can marry whom in North Carolina because based on the aforementioned, you are a total effing disaster.