The Supreme Court and the Affordable Care Act

You’ve heard it by now. The Supreme Court of the United States has ruled in favor of the entire healthcare law known popularly as “Obamacare.” The controversial individual mandate was upheld as constitutional with the court deciding that the penalty for not buying insurance counts as a tax. It’s considered a huge win for Barack Obama, and rightfully so. The Republicans are shocked to hear that Justice Roberts sided with the liberal side of the court.

Just some notes, and some friends are going to call me out for being totally unfair about this, but here you go.

  • In 2009, and news agencies to their credit have been playing this clip all day, Obama said this was “not a tax.”
  • Obama vowed to not raise taxes on the middle class.
  • The government could very well tell you to buy anything if not doing so resulted in a penalty they call a tax.
  • It should also be noted that Roberts’ nomination to the Supreme Court was opposed with a “no” vote by three Democrats you might know: Harry Reid, Joe Biden and Barack Obama.
  • Roberts ONLY sided with the liberal justices in calling it a tax. He would not say it did not violate the commerce clause.

So, yeah. Today is a weird damn day. No one expected this. Even the White House acted like this was a loss for them before today. Robert’s vote will be called a “defection.” He will be reviled. He will be mocked and ridiculed.

How big a win is this for the Democrats? Outwardly, it’s huge. However, Republicans can spin this in their favor. What they need to do is hammer home the tax ruling. That’s their cup of TEA anyway (unavoidable pun).

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One thought on “The Supreme Court and the Affordable Care Act

  1. Well said. I think it’s important to point out that, Obama’s public pronouncement notwithstanding, the government’s argument before the Court was that it was a tax (p 31 of Roberts’ decision).

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