SCOTUS Strikes Down ObamaCare Individual Mandate

[K_W]

Could a Mod correct this threads title?...

 

[mrjarrell]

Once again you cannot count on the USSC to vote on party lines.

^^^This. They're supposed to be beyond parties and this proves it.

 

[mrjarrell]

The court reinforces that individuals can simply refuse to pay the tax and not comply with the mandate.

I'd like to see more on this.

Update: Apparently they had a senior moment.

Apologies - you can't refuse to pay the tax; typo. The only effect of not complying with the mandate is that you pay the tax.

 

[VikingWarlord]

The entire thing was sold and passed under the promise that there would be no new or increased taxes. When people figure out that the only way it can be upheld is as a tax, things aren't going to be pretty. By that point, they'll be ****ed though.

 

[Denny347]

^^^This. They're supposed to be beyond parties and this proves it.

I agree. 100%

 

[miguel]

Comments withheld since they would be censored...

 

[mrjarrell]

The key comment on salvaging the Medicaid expansion is this (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."

Looks like the states may have caught a bit of a break.

 

[g00n24]

We're finished, absolutely finished, the last hope for freedom anywhere in this world has been torched. How long till we run out of options?

 

[mrjarrell]

Apparently the court acknowledges that the ACA violates the Commerce Clause.

The Court holds that the mandate violates the Commerce Clause, but that doesn't matter b/c there are five votes for the mandate to be constitutional under the taxing power.

 

[DodgebyDave]

Not one thin red cent. Now it's on.

 

[mrjarrell]

So, the ACA is a tax and that gives congress virtually unlimited control.

Justice Ginsburg makes clear that the vote is 5-4 on sustaining the mandate as a form of tax. Her opinion, for herself and Sotomayor, Breyer and Kagan, joins the key section of Roberts opinion on that point. She would go further and uphold the mandate under the Commerce Clause, which Roberts wouldn't. Her opinion on Commerce does not control.

 

[PaulJF]

So the Fed Gov can't hold a gun to the head of the States, but it can hold a gun to the head of individuals?
Did I understand that correctly?

 

[Denny347]

 

[mrjarrell]

Here's the decision in a nutshell. The whole thing's not available electronically, yet.

In Plain English: The Affordable Care Act, including its individual mandate that virtually all Americans buy health insurance, is constitutional. There were not five votes to uphold it on the ground that Congress could use its power to regulate commerce between the states to require everyone to buy health insurance. However, five Justices agreed that the penalty that someone must pay if he refuses to buy insurance is a kind of tax that Congress can impose using its taxing power. That is all that matters. Because the mandate survives, the Court did not need to decide what other parts of the statute were constitutional, except for a provision that required states to comply with new eligibility requirements for Medicaid or risk losing their funding. On that question, the Court held that the provision is constitutional as long as states would only lose new funds if they didn't comply with the new requirements, rather than all of their funding.

 

[CarmelHP]

He was the tie breaking vote. I agree, O will see a backlash from this because most people in the country did not want this.

I first read that it was 6-3 but now see that Roberts jumped and sided against Kennedy. Amazing.

 

[Kirk Freeman]

So the Fed Gov can't hold a gun to the head of the States, but it can hold a gun to the head of individuals?
Did I understand that correctly?

Correct. 10th Amendment as to the states. Article I as to you.

I want a mandate of a gun, a Bible or you pay a tax of $50,000 to the CMP.

 

[hornadylnl]

Vote Romney this November. The future of the supreme court depends on it.

 

[jedi]

& thus why this article back from 2010 is the way to go in order to avoid ObamaCare and NOT pay the "tax penalty".
https://www.indianagunowners.com/fo...how_to_avoid_obamacare_in_two_easy_steps.html

 

[spec4]

Before we condemn Roberts, we need to understand why he did this. Supposedly his writing the opinion saves us from a liberal justice writing it and screwing things up more. (if that's possible) I'm sure we'll get plenty of discussion on this going forward. I can also see flint and powder sales going up.

 

[mrjarrell]

Here's a link to the health care opinion.

http://www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf