June 28, 2012
Constitution 1 - Taxpayers 0
Fellow freedom advocates, do not panic. Step back from the ledge. By a single vote the Supreme Court has avoided a catastrophic expansion of the Commerce Clause. The rest, as they say, is politics. Including Chief Justice Roberts' ruling:
"If an individual does not maintain health insurance, the only consequence is that he must make an additional payment to the IRS when he pays his taxes," Roberts writes. He adds that this means "the mandate is not a legal command to buy insurance. Rather, it makes going without insurance just another thing the Government taxes, like buying gasoline or earning an income."
Hmmm, that's pretty thin Jim. The minority counters:
Justice Anthony Kennedy, usually the court's swing vote, dissented, reading from the bench that he and three conservative justices believe "the entire Act before us is invalid in its entirety." In a 65-page dissent, he and Justices Antonin Scalia, Clarence Thomas and Samuel Alito dismissed Roberts' arguments, writing that there is a "mountain of evidence" that the mandate is not a tax. "To say that the Individual Mandate merely imposes a tax is not to interpret the statute but to rewrite it," they write.
Very persuasive. So my conclusion is that Roberts just didn't want to be villified as an "unelected emperor" who "took away America's free [unearned] health care." I agree with Yahoo News' Oliver Knox who writes-
But while Obama initially kept quiet, the early response from the law's main supporters and detractors showed that the court's ruling had essentially offered the Affordable Care Act only a reprieve, and that the law's fate was entwined with the results of the presidential election.
Finally, does anyone suppose that news outlets are falling all over themselves to get the "Obamacare Constitutional" message out as quickly as possible?
No mention of the name of that tenth justice.
UPDATE: As of 11:57 am EDT that headline has been changed to: Individual mandate survives a 5-4 vote with Roberts voting to keep it2012 Election Don't Demand the Unearned Health Care Obama Administration Posted by JohnGalt at June 28, 2012 11:36 AM