Official Health Care Ruling Thread (Obamacare upheld)

[JVParkour]

"Basically. the justices said that while Congress may have overreached in part with the individual mandate -- the requirement that most Americans buy health insurance or pay a fine -- the provision is held constitutional as a tax.

Chief Justice John Roberts -- a conservative appointed by President George W. Bush -- provided the key vote to preserve the landmark health care law" (Cited from a David Jackson USA Today Article)

From scotusblog.com-
"Lyle:
Essentially, a majority of the Court has accepted the Administration's backup argument that, as Roberts put it, "the mandate can be regarded as establishing a condition -- not owning health insurance -- that triggers a tax -- the required payment to IRS." Actually, this was the Administration's second backup argument: first argument was Commerce Clause, second was Necessary and Proper Clause, and third was as a tax. The third argument won.

Lyle:
The rejection of the Commerce Clause and Nec. and Proper Clause should be understood as a major blow to Congress's authority to pass social welfare laws. Using the tax code -- especially in the current political environment -- to promote social welfare is going to be a very chancy proposition.

Lyle:
Interesting, at least to scholars, that while the mandate and its attached penalty are a tax for purposes of its constitutionality, but not for the Anti-Injunction Act. If it were a tax for AIA purposes, this case would not have been decided re the mandate."




Happening now, follow live:

http://www.scotusblog.com/cover-it-live/
--(This appears to be a great resource)

http://www.cnn.com/video/#/video/cvplive/cvpstream1

COLLECTION OF ARTICLES:

http://content.usatoday.com/communi...ourt-rules-on-Obama-health-care-plan-718037/1
--(Updated version of the same article in post #12)

http://abcnews.go.com/Politics/OTUS...sion-obamas-health-care-law/story?id=16663839
--(This one says that "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.")

http://www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf
--(Here is the opinion in the health care cases)

 

[EBounding]

I'm still trying to decide if an overturn decision helps or hurts Romney.

 

[DGambler]

Individual Mandate surviving as a tax?

 

[CaptUSA]

WTF??!!! Roberts?!

I don't get this at all. This is so obviously not constitutional.

 

[DGambler]

I'm confused, what does the ruling mean?

 

[Todd]

We are truly socialists.

 

[CaptUSA]

I suppose this may re-awaken the tea party. But damn. It looks like a lot of damage has been done today.

 

[ClydeCoulter]

WTF is going on?
Did they rule yes/no or just give advice? (on mandate)

 

[matt0611]

Individual mandate is a tax? how? that's fucked up, the constitution is nothing anymore. Just fucking put it through a shredder now I guess, cause it means fucking nothing.

 

[cajuncocoa]

I'm still trying to decide if an overturn decision helps or hurts Romney.

I'd rather decide whether it helps or hurts our country. The ruling is in, and I think it hurts.

 

[jkob]

CNN saying it completely upheld


Individual mandate is a tax

meaning now if you don't pay, you go to jail

 

[JVParkour]

Below information comes from: http://content.usatoday.com/communi...ourt-rules-on-Obama-health-care-plan-718037/1

The Supreme Court has upheld a key part of President Obama's health care law, the Associated Press reported.

The justices said that while Congress did overreach in part with the individual mandate -- the requirement that most Americans buy health insurance or pay a fine -- the provision is held constituoinal as a tax.
The announcement will have a major impact on the nation's health care system, the actions of both federal and state governments, and the course of the November presidential and congressional elections.

A key question for the high court: The law's individual mandate, the requirement that nearly all Americans buy health insurance, or pay a penalty.

Critics call the requirement an unconstitutional overreach by Congress and the Obama administration; supporters say it is necessary to finance the health care plan, and well within the government's powers under the Commerce Clause of the U.S. Constitution.

While the individual mandate remained 18 months away from implementation, many other provisions already have gone into effect, such as free wellness exams for seniors and allowing children up to age 26 to remain on their parents' health insurance policies. Some of those provisions are likely to be retained by some insurance companies.

Other impacts will sort themselves out, once the court rules:

-- Health care millions of Americans will be affected – coverage for some, premiums for others. Doctors, hospitals, drug makers, insurers, and employers large and small all will feel the impact.

-- States -- some of which have moved ahead with the health care overhaul while others have held back -- now have decisions to make. A deeply divided Congress could decide to re-enter the debate with legislation.

-- The presidential race between Obama and Republican challenger Mitt Romney is sure to feel the repercussions. Obama's health care law has proven to be slightly more unpopular than popular among Americans.

Not since the court confirmed George W. Bush's election in December 2000 -- before 9/11, Afghanistan and Iraq, Wall Street's dive and Obama's rise -- has one case carried such sweeping implications for nearly every American.

Passed by Democrats along strictly partisan lines and still 18 months short of full implementation, the law is designed to extend health coverage to some 32 million uninsured people, ban insurers from discriminating against those with expensive ailments, and require nearly all Americans to buy insurance or pay penalties.

Its passage on March 23, 2010, marked the culmination of an effort by Democrats to overhaul the nation's health care system that dates back to Harry Truman's presidency. The most recent effort by President Bill Clinton in 1994 fell victim to Republican opposition. Since then, lesser changes have been enacted, including creation of a separate Children's Health Insurance Program in the states.

 

[ClydeCoulter]

What was struck down? It says on CNN partly upheld, partly struck down?

 

[CaptUSA]

Actually, now that I think about it, I think I remember hearing that if they declare it a tax, that the ruling will have to be re-visited once the "taxes" are actually imposed.

We may have another round of this in the very near future.

 

[RonPaulFanInGA]

COURT: OBAMACARE STANDS!

http://www.drudgereport.com/

SUPREME COURT RULES:
Mandate survives as a tax...
Chief Justice Roberts joins the left of the Court...
The Medicaid provision is limited but not invalidated...

 

[CaptUSA]

Already another thread

 

[cajuncocoa]

we are so screwed.

 

[DGambler]

Being discussed here: http://www.ronpaulforums.com/showthread.php?381984-Official-Health-Care-Ruling-Thread

 

[EBounding]

We have a lot of work to do.....

 

[teacherone]

How can it be a tax if the money goes to a health insurance corporation?

Welcome your new corporate masters citizen!