Mandate survives as a tax…
Chief Justice Roberts joins the left of the Court…
The Medicaid provision is limited but not invalidated…
CONFUSION BETWEEN INTERPRETATION BY ALL NEWS NETWORKS…
Dissenting justices include Scalia, Kennedy, Thomas and Alito…
The Supreme Court just handed down it’s decision on Obamacare. The individual mandate survives as a tax and is deemed constitutional and the entire ACA stands.
It’s a terrible day for America, our Republic and our way of life. I am thunderstruck and incredibly sad. However, our Republic did not die today. The court still shows a limit of Federal power. We must overturn this.
The so-called individual mandate to buy health insurance, the key part of President Obama’s signature health care law, has survived, the Supreme Court ruled this morning.
The court ruled that the mandate is unconstitutional, but it can stay as part of Congress’s power under a taxing clause. The court said that the government will be allowed to tax people for not having health insurance
Here is a video of Obama stating: “I absolutely reject its a tax increase.”
Why Obamacare is Unconstitutional | THE PLAIN TRUTH by Judge Napolitano 8/15/11
The Court’s decision to uphold the Health Care Reform Law contained a few surprises:
- Justice Roberts, normally aligned with the Conservative bloc, was the swing vote in upholding the Health Care Reform Law.
- Justice Kennedy, normally the swing vote, voted to invalidate the entire Health Care Reform Law.
- The constitutionality of the Individual Mandate was based on Congress’ taxing power, not the Commerce Clause. The Chief Justice said it would have been an unconstitutional exercise of Congress’ power to regulate commerce between the States, but that was not relevant since it was authorized by the taxing powers given to Congress under the Constitution.
- The Court held that the Medicaid expansion was constitutional as long as States that do not agree to the expansion would continue to receive funding for the rest of their programs. This could turn out to have a significant impact on the objectives of the Medicaid expansion provision.
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