Thomas Lifson
American Thinker
6/28/2012
Chief Justice Roberts delivered a shocker joining the liberal wing of the Court in finding the mandate is a tax, and therefore permissible. The entire ACA act has been upheld, except for some limitations on the federal power to affect state Medicaid programs. The decision has not yet been posted to the internet, but reporters at the Court are reading sections of the long decision.
Our precedent demonstrates that Congress had the power to impose the exaction in Section 5000A under the taxing power, and that Section 5000A need not be read to do more than impose a tax. This is sufficient to sustain it
From Ann Howe at SCOTUS blog:
On the Medicaid issue, a majority of the Court holds that the Medicaid expansion is constitutional but that it w/b unconstitutional for the federal government to withhold Medicaid funds for non-compliance with the expansion provisions.
From Roberts:
“Nothing in our opinion precludes Congress from offering funds under the ACA to expand the availability of health care, and requiring that states accepting such funds comply with the conditions on their use. What Congress is not free to do is to penalize States that choose not to participate in that new program by taking away their existing Medicaid funding.” (p. 55)
Ann Howe lays out the good news about the Commerce Clause. This should reassure conservatives worried about abuse of the Clause:
The Court holds that the Anti-Injunction Act doesn’t apply because the label “tax” is not controlling.
Related: Justice Kennedy Says He Would Have Struck The Entire Law
Supreme Court Approves Government’s Ability To Take Over 20% of The American Economy If Obamacare is a tax, not a mandate to purchase, that means your taxes just went up dramatically. corrected
SCOTUS Obamacare Watch (Update: Mandate survives as a tax? Yes)
Dissenting Justices Scalia, Kennedy, Thomas, Alito Call Decision “A Vast Judicial Overreach”…
Update: Supremes Uphold ObamaCare
…Socialized medicine not only destroyed healthcare in Britain but reduced it to a second-rate country; it will do the same to us…
Socialized Health Care: The Communist Dream and the Soviet Reality
Three from law professor Althouse:
- Chief Justice Roberts writes an opinion limiting the commerce power and the spending power.
- Obama imposes huge tax on the American middle class.
- The individual mandate survives as a tax.
Update 2: Glenn Beck reacts to SCOTUS ruling
…“Progressivism is a disease in both parties,” Glenn said in response to the news of Roberts’s vote.
“Gang, the Lord works in mysterious ways. I will tell you this: I am a better American today because of Barack Obama. Hear it loud, hear it clearly. I am a better American today because of Barack Obama. I know what my country has done, both good and bad. I have a deep appreciation for what this country is and what the American people are capable of. This is not a setback. This is a challenge and believe me, the American people are up to the challenge, just as we were with the Dred Scott decision. We are up to this challenge,” he continued…
…“ It took 100 years to get here. I’ve told you before when I was on FOX and I mean this with everything in me, I will fight these people until the day I die. I will do everything I can,” Glenn promised.
“This will make us a better, stronger America. This will ensure that the end of the Obama administration is here,” Glenn said.
“Mitt Romney, let me tell you something. If you turn out to be one of these mealy mouthed progressive pieces of crap, I’m telling you right now, you’re in the trouble, brother, because America is not going to sit down. We are tired of getting the same bull crap. We are tired of getting the same bull crap from both parties. You better be a damn conservative that understands small government, none of this bailout bull crap, none of it! None of it! Last call, Republicans! Last freaking call!”
From Instapundit:
BILL WHITTLE: Firewall: Why ObamaCare Can’t Work.
The left are such classy winners, aren’t they? Ugly, even in victory.
VA Attorney General Ken Cuccinelli, ‘A dark day for America . . .’
