Supreme Court upholds Obamacare

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The Supreme Court ruled today that Obamacare will stand. Some statements from the court, provided by ScotusBlog.com:

The money quote from the section on the mandate: Our precedent demonstrates that Congress had the power to impose the exaction in Section 5000A under the taxing power, and that Section 5000A need not be read to do more than impose a tax. This is sufficient to sustain it.

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.

This means that the individual mandate to have health care insurance is viewed as a tax by the Court. Under the law, if you don’t have health insurance, the federal government can levy a tax against you. The court did not uphold the individual mandate under the Commerce Clause, which is expected, but instead, the majority of the court (5-4) considers the mandate constitutional under the taxing power.

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.” (p. 55)

This means that Obamacare can expand Medicaid as it planned to in the law. However, it cannot punish states for refusing to accept additional Medicaid funds, and it must continue to provide funding even if a state refuses the expansion.

21 COMMENTS

  1. This is a good law I do not understand the argument that it is not other then people don’t want to be told what to do. If I pay for insurance and get sick the insurance company pays the bill. if you DO NOT   pay for insurance and get sick I pay for you in higher premiums that’s not good.so whats wrong with this law?

  2. The Problem with the law is that it’s unconstitutional!!! No matter what those left wing ding bats at the Supreme court say. The U.S. Government should not have the right to force you to buy anything period end of story.

  3. Simply put, NO ONE in our country needs an expensive bureauracy to administer what we currently have for health care services. The huge expense is developing an unnecessary governmental agency for this purpose. People need to understand that the ACA will establish a Department larger than the current US Department of Health & Human Services. Even agencies with a smaller scope struggle to be efficient and effective.

  4. Socialism is finally, blatently alive and well in our country. I’d like to know how much the fine will be?

  5. Just wait until the ACA is in full swing.   The cost of the Feds controlling your health will be beyond any cost they have projected.  We all know what ever cost the government tells you a good rule of thumb is to double it.  Just the added IRS agents is proof that a complete socialists health care system is the goal.
    Of course the “death panels” will help thin out the elderly (non-productive) so that will help reduce Social Security costs.
    Many people truly believe health care will now be free for all.
    Wait until they see the cuts in Medicare and Medicade.
    This is complete slap in the face of our freedom.  We have become a ” I want free stuff” nation and the end result is government control of your lives. (Of course they will run out of money so soon, it will become a moot point)
    And forget employment.  What company would expand with all the additional health care cost and regulation?  Smart businesses will relocate.
    Overall, the ACA is the fuse that will start the explosion that will make America a second rate Nation at best.
    But look on the bright side. The people that now control your health are not subject to the new ACA ruling.  Wonder why???

  6. There are enough people in this country who have become nothing but a flock of sheep to the Federal government. If we allow them to get away with this, then we are following the wrong entity.

  7.  Start with the largest tax hike on the middle class in history. If I were not paying for the insurance of so many others, including politicians then I would be able to buy it for my family.
    I wonder how Sussman will be able to explain the tax hike on the very people she claims to be fighting for, with friends like her who needs enemies.

  8. What is even more alarming is that our health care will become mediocre at best.  Has anyone out there had care in a Hospital in Europe? or a public health hospital in America?  I’ve had both and the experience was UGLY in both cases.
    Oh, but the Supremes and their cronies in Washington will never have to experience “public health”.

  9. Hi!

    This ruling is a farce. Freedom of Choice exist if one has the “Freedom to
    Refuse” anything otherwise it is force.

    The answer is to “take control” of our own healthcare by exercising,
    eating the right nutritious foods, take supplements, reduce stress,
    enjoy the support of friends and family, live in as free pollution
    environment as possible, etc. etc, etc.

    Our present healthcare system is nothing more than a “sick care” system , and it is needlessly costly. Prevention is the key. I know,
    I worked in the so-called healthcare system for years.

    It is insane.

    Read books from authors such as Dr. Andrew Saul, Dr. Abram Hoffer, Dr. Linus Pauling, Dr. Robert Cathcart, Dr. Jonathan Wright, Dr.
    David Brownstein,  Dr. Joseph Mercola, Dr Leonard Coldwell, Drs
    Evan and Wilfrid Shute, Dr Irwin Stone, Dr Carl C. Pfeiffer, Dr Alan Cott, Dr. William Kaufman, Dr. Humphry Osmond, Dr. William J. McCormick, Dr Roger J Willams, Dr. Owen Fonorow, Dr. G. C Willis, Dr. Sidney Bush, Dr. Max Gerson, Dr. Hugh Riordon, etc, etc, etc.

    Google these names if you want for more information.

    See the websites: http://www.doctoryourself.com
     www.drdavidbrownstein.com  http://www.vitamincfoundation.com
    for starters.

    Read Suzanne Somers’ books. They are full of healthcare suggestions.

    My point is: all is not lost.

    Take control of your own life and be responsible for it.

    Thank you!

    Be well!

                        

  10. A number of conclusions:

    >>It’s a major taxation program by the Obamacrats and as such illustrates the deceptive lobbying campaign to pass it; and the burden it places on people who don’t need, nor want to pay insurance. In essence, it’s a ‘wealth-shifting’ program from >40’s to other covered classes of people.

    >>Putting that much more money into an industry without inviting competition, only will drive up prices as millions more people flood the market with their new buying power. Obamacare will have the same impact on the market as reducing mortgage requirements did for the housing industry.

    Flooding the market with millions more customers will not only inflate prices, but invite government price regulation and we all know how well that works under MEDICARE and MEDICAID; and how difficult it is to set one price for a product and expect every provider to work for the same rate of reimbursement. It doesn’t work for public schools, and it won’t work for health care providers…..even if health care was socialized you’d still have different organizational  cost structures resulting in actual rates that would differ widely from program to program.

    >>Covering more people who don’t need health insurance is a taxation program to accumulate the money to cover the costs of those now eligible; but many professionals are still waiting to see how the nation’s health is going to get better without substantial regulation of areas like lifestyles, eating habits, risky child birth and forced genetic counseling, and other areas once condemned under Nazi Germany’s purification policies, i.e. the ‘master race’.

    In this case, women would be strongly discouraged from giving birth to children with costly birth defects or genetic handicaps. 

    The other area would be reducing services to lengthen the end of life down to palliative care.

    >> Republicans and skeptical independents seem unified to defeat Obamacare; but haven’t yet crystallized around an alternative. This is an area where MHPC can play a big role, esp. in regard to prepping candidates for office. 

  11. Welfare nation is bringing ths country to its knees. The entitlement programs growth have outpaced our ability to support them.

    Its time to curtail the free ride and make sure that we are spending money where we actually have  to as opposed to where libeals want to.  President Romney will do the right thing when he strikes down this bad precident of forcing a choice on  US citizens. Clearly against the constituiton as anything other than a TAX. Thus the proposal was not initialy represented honestly to the Amercia public.  President Romney can always say his views have evolved ala the socialist we have in office now.

    After this law is repealed I would look into abolishing state run insurance pools in favor of a national pool, i.e. no state border restrictions. This will free up the states to shop around for the most efficient plans.  

  12. Obamacare is NOT INSURANCE or premiums and policies would be based on risk analysis.

    Instead it has converted ‘insurance’ into a tax-based wealth extraction program that forces the healthy single young people to pay premiums into a fund which they have little need; but one which poor people with all their ills and children will overload with demands for services.

    Nothing could be more obvious than the elimination of pre-existing conditions as a means for setting premiums. 

  13. Isn’t this why we broke away from England in the first place?  The founding fathers all predicted this, and tried to write a document to stop out of control government.  It was simple to figure out, all  they had to do was look back at history.  It all comes down to lust for power. 

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