Supreme Court Upholds Health Care Law; Obamacare Mandate Survives in 5-4 Decision

by at . Comments

In a somewhat surprising and extremely controversial decision, the Supreme Court upheld President Obama's signature health care law Thursday morning.

The 2010 law's mandate that every American purchase health insurance or face a fine had been challenged on constitutional grounds by 26 U.S. states.

The mandate was upheld as a tax, however, by a 5-4 vote.

Chief Justice John Roberts joined the liberal wing of the Supreme Court. Tom Goldstein of SCOTUSblog says Roberts effectively "saved' the Affordable Care Act.

Obama Speech

Opponents cast the law, known pejoratively as "Obamacare," as the federal government forcing citizens to enter a market and buy a product against their will.

The government countered that the law was actually only regulating an existing market, as everyone requires health care at some point in his or her life.

Roberts and Justices Ruth Bader Ginsburg, Elena Kagan, Sonia Sotomayor and Stephen Breyer sided with the government and declared the law valid.

Ginsburg, Kagan, Sotomayor and Breyer agreed that the individual mandate should be upheld as part of Congress' power to regulate interstate commerce.

Roberts disagreed, writing that the mandate is actually a tax, despite the Obama administration's reluctance to describe it that way during the bill's passage.

In any case, however, he declared the law constitutional as such, writing:

"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."

The U.S. Chief Justice added 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."

Anthony Kennedy, often the court's swing vote, dissented, saying that he and three conservative justices believe "the entire Act before us is invalid in its entirety."

Republicans have vowed to repeal the law if President Obama is defeated in 2012, though that would also require control of the U.S. House and Senate.

In any case, the Supreme Court ruling signals a major victory for Obama, who sacrificed major political capital to get his signature piece of legislation passed.

For now, the liberal dream of national health care reform - some of which is already in effect, but the bulk of which is on hold until 2014 - remains realized.

What do you think of President Obama's health care law:

 

Tags: , ,
Avatar

Fact is we need a good red-blooded American guy in Washington.Mitt is a liberal republican.

Avatar

Mitt supporter you are full of shit and disgrace for being white American.

Avatar

It will be a hard fall for some of you. What you must try and get your head around is this. The Voters were asleep in 08. The voters did not think this country was so desperate to vote in a NOBODY. We didn't go to the polls. That will not happen again. The gullible ones, they actually believed he was the real deal. They are embarrassed and angry and want to make it right in 2012 by voting for a winner. College people with degrees have yet to work in the field that they were educated for. 1 in 2 have this problem. The rest of us? We will not let government create a new safety net in which we are saddled with the bill. I am afraid the party is over. The SC did Romney a huge favor and it woke this country up! We will take back what is ours. All people that work, provide for our families and want our kids to have a future- this is who you are up against. You would have a better chance of shoving a wet noodle up a mountain lions ass.

Avatar

I totally back you.All our politicans have illegal parents.We want a President whos family history is American born and breed.

Avatar

I missed the part about Obama bringing jobs? How many restrictions will he loosen? The fact that the lack of jobs is of no interest to you- it speaks volumes! He talks about civil rights yet the Syrians have no help? Did your ignorant ass know that part of the SC decision says that the Federal Government cannot with hold funds to states if they choose not to adopt this new Healthcare? 25 million Americans out of work. He waited 3 years to give his views on Gay Marriage? Did you know that 80% of the people that donated $200 or more in 08 have not donated anything to his campaign fund this year. George Clooney going to Europe to ask for money to countries on the verge of Bankruptcy Yes- its that bad. I realize your great Black hope is on his last leg. Change orchestrates the music we are all forced too dance to and change will come. I most certainly will.

Avatar

I hate being a Republican right now.Clear out Washington lets start over.I even settle Pres.Clinton again

Avatar

Mitt and Rubio deserve each other both have parents who came here illegally.We need real Republicans.

Avatar

Mitts enacted universal care in Mass is similar to Obamacare.Make no sense repeal O-care when Mit enacted sim. law.

Avatar

Racist wht make blk aggresive toward you thats why you think they are after you.

Avatar

every city has a ghetto where whites cannot even drive through without bein attacked,raped or called names because they are WHITE! Yes,hypocrite blax gotta love 'em

x Close Ad