Thursday, June 28, 2012

Plain English

From SCOTUSblog
Amy Howe:
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.
 Here is the opinion in the health care cases:


Obama Imposes Huge Tax On American Middle Class.

Obama said it wasn’t a tax. The Supreme Court says he lied.


  1. "a kind of tax that Congress can impose using its taxing power"

    So has Congress passed this by default? B.O., et al have steadfastly insisted that this is not a tax. Maybe the House Of Representitives can throw a wrench in these works! If not I pray to God, more than ever,that Romney makes it !!!!!

    United States Constitution Section 7.

    "All Bills for raising Revenue shall originate in the House Of Representitives"

  2. JonBerg, I'm praying for a trainload of wrenches.
    I am just astounded. Isn't it unprecedented for the Justices to assist the Executive branch in this way? Nobody asked them to decide on whether it was a tax or not. But they stepped into the fray and changed the wording and thereby "saved" ACA. Yet they clearly said that as argued, it was not Constitutional. (under the commerce claus. I am confused.

  3. gmw,

    I'm confused, as well. How can something that has not been considered a 'tax', all of a sudden become a tax without specific legislation?

  4. OK, now that this sinks in a bit:

    1) Will the liberal @$$#0!e$ who are ultimately responsible for this debacle be happy with the increased intrusion from the IRS?

    2) There are, reportedly ,47% of those who pay no Income Tax. Will they in whole or in part be required to pay B.O.'s AHA Tax?


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