Mostly Upheld!

From what I understand Chief Justice Roberts, who has issued the overall opinion, found the individual mandate constitutional, not under the Commerce Clause, but under the Congress’ authority to tax.  So the penalty for not buying health insurance is essentially equivalent to a tax.  There are a few complications with that in that currently there is no penalty for not paying the penalty, but Treasury may be able to fix that through regulations depending on the way it’s written.

The Court also threw a monkey wrench into the expansion of Medicaid by essentially removing the penalty against states for not going along with it.  However the carrot approach could work better there than the stick.

A lot of analysis to be done but overall a pretty good day for the Prez.

UPDATE:  I saw some speculation the last couple of days that Justice Alito’s sad temper tantrum directed at Obama over the Arizona immigration act ruling was a sign that he was not happy with the way the ACA decision was coming down.  Didn’t want to say anything about it cuz I’m superstitious that way, but looks like it was spot on!  And Scalia seriously needs to consider retiring before he embarrasses himself any more than he has.

Posted by marindenver on 06/28/12 at 09:41 AM • Permalink

Categories: PoliticsBarack ObamaElection '12Health Care

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Very happy about this.  Although the tax angle is causing the right to have a hissy fit about Obama making them pay MORE taxes. 

It was amusing watching the news stations tweet what they thought the decision was.

Re the states: I think the ruling is that the Feds can’t withhold ALL Medicare to punish states that don’t comply.  Just new payments.

Q: Is this good for Mitt, or bad?  Various smarty-pantses were saying if the law were nixed, it would be bad for him.  Now?  I can try to play 10-dimensional chess, but this goes to eleven.

It was amusing to see MSNBC’s SCOTUS goto guy defer to Mr. SCOTUSblog for interpretation of the ruling.

Is this good for Mitt, or bad?

Well, I think he has to go hell for leather for repeal in toto* now.

Not helped, of course, by bastard lefties digging up inconvenient old footage of him saying in 2006 that the mandate was “essential” in MA, and the fact that more and more of the coverage is kicking in already, and neither he nor Boehner are inclined to say what if anything they’d put in its place.

* Even in Kansas.

CNN ran a Dewey-Wins graphic saying SCOTUS Strikes Down Individual Mandate.  D’oh! isn’t the word.

CNN ran a Dewey-Wins graphic saying SCOTUS Strikes Down Individual Mandate.  D’oh! isn’t the word.

Ha!  That’s great.  Couldn’t have happened to a more deserving network.

Conservative court upholds Republican-inspired healthcare legislation.

Film at 11!

We’re waiting, Bill:

Comment by Surreal American on 06/28/12 at 10:29 AM

CNN ran a Dewey-Wins graphic saying SCOTUS Strikes Down Individual Mandate.  D’oh! isn’t the word.

So good I had to give it a post of its own!

The righties’ response boils down to, “There goes our freedom.”

Freedom to them means the freedom to get sick and die for lack of healthcare but not the freedom to marry whoever you choose or collectively bargain.

What a bunch of wierdos.

WTF? o.O

Apology or not…I’m just gobsmacked.

Several other message boards I frequent have noted the outpouring of right wingers on Twitter complaining about the ruling and declaring they’ll move to Canada.

Which has free healthcare.

And gay marriage.

A third of the country doesn’t even speak ‘Murican!

And to top it off that would make them immigrants.  Not NBC!  But wait… they can still become Prime Minister?  OH THE HORROR!!

Is there a Wingnuts to Canada fund I can donate to?

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