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From the beginning of the Chief's opinion: "We do not consider whether the Act embodies sound policies. That judgment is entrusted to the Nation's elected leaders. We ask only whether Congress has the power under the Constitution to enact the challenged provisions."
Anyone who actually thinks Corporate America is going to foot the bill is smoking some great crack. I mean really...and the only other option is government subsidized. Where do you think that money is coming from? We can't just keep printing money. If the US got it's nose out of world policing and focused some taxpayer money on domestic issues we wouldn't be having this conversation.
That certainly bodes well for Romney's campaign. The Citizen's United Supreme Court decision will essentially ensure Romney gets elected now.
His job is to determine constitutionality of a law, which he did, not enforcement of a law. Learn about US Government, its branches and their responsibilities. That will be a good starting point.
It is not on the road; it's "we're there" unless our representatives and a new president do something about it. I always wondered how communist countries got to be that way?
The Affordable Care Act is constitutional in part and unconstitutional in part. The individual mandate cannot be upheld as an exercise of Congress’s power under the Commerce Clause. That Clause authorizes Congress to regulate interstate commerce, not to order individuals to engage in it. In this case, however, it is reasonable to construe what Congress has done as increasing taxes on those who have a certain amount of income, but choose to go without health insurance. Such legislation is within Congress’s power to tax.
... The Framers created a Federal Government of limited powers, and assigned to this Court the duty of enforcingthose limits. The Court does so today. But the Court does not express any opinion on the wisdom of the Affordable Care Act. Under the Constitution, that judgment is reserved to the people.
So part is this is admittedly unconstitutional but the entirety is upheld? Wow. Do we need to find the unconstitutional part and go through this again? I don't understand that statement in light of the decision.
The mandate is deemed Constitutional under the Tax Clause.
The Unconstitutional part is where the Federal government was going to stop Medicaid funding to states that were unwilling to participate in the Medicaid expansion. That was deemed coercion. The decision orders the Federal government to continue to pay the funds to states that would have been paid under existing Medicaid rules, and to pay the additional Medicaid funds to states that opt for the expansion. The Federal government cannot penalize states for not opting for the expansion.
I'll have to take the time to study the whole decision later, after the grandkids have gone home, but my initial thought is...WOW!
Given the faith and reliance the right has put on "conservative" judges on the Supreme Court, this must be a severe blow to their faith. It's certainly is a major problem for them come November as so much of their campaigns for the White House and Congress has revolved around repealing "Obamacare."
It will be interesting to see how Rush and the rest of the right's blowhards try to twist this into some kind of victory.
His job is to determine constitutionality of a law, which he did, not enforcement of a law. Learn about US Government, its branches and their responsibilities. That will be a good starting point.
the more proper thing to have said is, now let the feds try to enforce it.
Anyone else looking forward to the Obama ad where he thanks Mitt Romney for the ideas incorporated from the MA healthcare program into Obamacare?
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