Chief Justice John Roberts revealed in the final Supreme Court ruling, that he had joined the liberal wing in a 5-4 ruling that the federal government indeed has the power to impose a penalty on those who fail to buy insurance, and that as a whole the law is constitutional.
It was a truly stunning moment for many, especially President Obama; since everyone in Washington and the country had expected the Supreme Court Of The United States (SCOTUS) to issue a narrow 5-4 decision along party lines striking down all or part of the Affordable Care Act as unconstitutional.
The man of the hour for this, was actually Chief Justice John Roberts, who determined that the individual mandate was valid since the government could impose it as a tax, not under the Interstate Commerce Clause, as the administration had argued.
Roberts joined the high court’s liberal wing – Justices Stephen Breyer, Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan – in upholding the law. Four conservative justices – Samuel Alito, Antonin Scalia, Anthony Kennedy and Clarence Thomas – dissented.
Full SCOUS release:
WHO REALLY WON
As to whether the Affordable Care Act will really benefit you, or the country will be left to history to decide.
As you can tell from my article on Healthcare:
As a solution for America’s healthcare issues, the Affordable Care Act doesn’t really fix the problem, but at least it is a step forward.
This decision by the Supreme Court gives both sides something to work with in this election – spin.
This is a victory for the President, anyway you look at it. His signature act, has been validated as constitutional, and although the Republicans and their SuperPAC’s have spent hundreds of millions of dollar telling everyone that this act is evil and unconstitutional, SCOTUS cleared it of doubt and will allow it’s implementation in 2014. The evil Kenyan President has been declared constitutional…
He can now claim that President Obama has raised your taxes, and that on the first day as President he will repeal the Affordable Care Act. OK, he can’t actually do that, since he will need 60% of the Senate to vote to repeal the act, and this election will not allow that to happen. His current new theme this day is ‘Repeal and Replace’ and that Obamacare is a tax increase. Since he doesn’t release any details about how he is going to do anything, Romney will probably not define his ‘replace’ details so nobody will be able to compare and/or criticize it.
HISTORY REPEATING ITSELF
Although the SCOTUS decision on the Affordable Care Act was a surprise with Roberts moving to the liberal side, some of the dissenting judges have a valid point – this decision effectively allows Congress to tell people they must do something, or get taxed.
I don’t see this being a big issue, since Congress is now so divided and useless that they will really never pass many acts that have something like the Individual mandate. This is not the death of freedom in America, but it is something that we all should be aware of and watch Congress carefully on this issue.
President Obama has done something unique, he got a compressive healthcare act passed by Congress, and found Constitutional by the Supreme Court.
He was helped by Chief Justice John Roberts who came up with the ‘it’s a tax’ argument that made the individual mandate constitutional, but I think Roberts sided with the Liberal because he was conscious that his 5-4 Bush election, and the 5-4 Citizens United rulings where votes that will historically be seen as partisan court rulings.
I think Roberts has become aware, that if he wants to have history judge him well, he can’t vote on party lines, but instead he has to focus on the Constitution.
I also think he was smart about it, and gave Romney the Obama is raising your taxes with Obamacare, but I think the American people will see through that one easily.