SCOTUS on Obamacare in simple English


by Newswire    
3:47 pm - June 28th 2012

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From Amy Howe, of SCOTUS Blog on today’s ruling by the Supreme Court of the United States (SCOTUS):

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.

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Reader comments


Congratulations, America! You are now a first world nation.

2. Planeshift

at least until the republicans get in again and appoint their own staff back into the court.

It’s not that great a victory is it? Millions of ‘middle class’ ( low to middle income?) Americans must still pay privately for health care and there is no requirement for States to expand medicare (low cost healthcare) to some of those not currently eligible.
To congratulate America on reaching the first world is more than premature.

In my earlier comment I should have referred to ‘medicaid’ rather than ‘medicare’.

The ruling basically says the government has a right to impose a tax (penalty) on those who ‘chose’ not to buy health insurance, that is you have the right NOT to buy insurance cover but will pay an additional tax for making that ‘choice’.
Will some Americans then be forced to chose between heating and eating (as many already are) while having to pay health insurance for fear of a certain fine. There are plenty of other choices Americans can throw into this mix, such as ‘I’d like to save for my child’s college education, but have to pay health insurance instead’.
What of those lower income Americans in states that refuse to expand medicaid, why should they have to pay additional tax when the government (state or federal) continues to fail to provide them with even basic healthcare provision?

5. Sandra Bullock In Speed 2 Cruise Control...Not

@3 its a start though.

This is very good news. Imagine the alternative, the Supreme Court ruling that the states could not raise money for health care. This has effectively ruled a universal health system theoretically constitutional.

@6

There’s very little doubt that a universal single-payer system would be perfectly constitutional, based on the same logic that authorises Social Security/Medicaid/Medicare. The challenge to this system was only possible precisely because it eschewed the single-payer approach in favour of an individual mandate.

8. Trooper Thompson

@ 6,

“the Supreme Court ruling that the states could not raise money for health care”

It’s nothing to do with the states. It was concerned with what the Federal government can do. The ruling is unconstitutional and it ain’t over yet.

Oops, not the states, but rather the United States, can effectively raise money for this health care system, and the SC has ruled that it is constitutional to do so and upset the Republicans who want to keep the poor away from health care in the interests of their 18th century concept of liberty. So…very good news.

10. Robin Levett

@Trooper Thompson #8:

The ruling is unconstitutional and it ain’t over yet.

I think you’ll find that SCOTUS speaks last and loudest on what is constitutional and what is not; and once it has spoken – it is over.


Reactions: Twitter, blogs
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  9. BevR

    Supreme Court ruling on Obamacare in simple English | Liberal Conspiracy http://t.co/87wG5k8J via @libcon

  10. Louise.

    @NormanTonner I'm worried if I explain it I'll get it wrong and get all embarrassed, but http://t.co/a0l94zHG more or less explains it. :)





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