‘Real News From The Blaze:’ What Legal Precedent Will Supreme Court ObamaCare Decision Set
- Posted on June 28, 2012 at 9:14pm by
Christopher Santarelli
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With the surprising swing vote of Chief Justice John Roberts, the Supreme Court announced their ruling Thursday to uphold the Patient Protection and Affordable Care Act, a.k.a. ObamaCare, and it’s controversial “individuala mandate” component.
With a 5-4 majority, the court held that the mandate violates the Commerce Clause but was affirmed constitutional as a taxing power, and the law was upheld. Writing in the majority, Roberts said that it‘s not the court’s job to decide whether Obama’s plan “embodies sound policies. That judgment is entrusted to the nation’s elected leaders.”
“Because the Constitution permits such a tax, it is not our role to forbid it, or to pass upon its wisdom or fairness,” Roberts wrote.
Despite upholding the law, the court’s disagreement with the logic that the government argued–Congress had the authority to pass the mandate as part of the Commerce Clause–and further identifying Obamacare as a tax, the decision may have some long-lasting negative implications for liberals. Some have argued that the path Roberts led the court in the decision will be an end for the Commerce Clause, as Justice Ruth Bader Ginsberg wrote in an opinion joined by Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan; “The Chief Justice‘s crabbed reading of the Commerce Clause harks back to the era in which the Court routinely thwarted Congress’ efforts to regulate the national economy in the interest of those who labor to sustain it.”
“This is a substantial rollback of Congress’ regulatory powers, and the chief justice knows it,” Tom Scocca writes in a Slate post titled “Obama Wins the Battle, Roberts Wins the War.”
In 2005, Sen. Barack Obama spoke in opposition to Roberts’ nomination, saying he did not trust his political philosophy on tough questions such as “whether the Commerce Clause empowers Congress to speak on those issues of broad national concern that may be only tangentially related to what is easily defined as interstate commerce.” Today, Roberts did what Obama predicted he would do.
Roberts’ genius was in pushing this health care decision through without attaching it to the coattails of an ugly, narrow partisan victory. Obama wins on policy, this time. And Roberts rewrites Congress’ power to regulate, opening the door for countless future challenges. In the long term, supporters of curtailing the federal government should be glad to have made that trade.
“Real News” launched the show Thursday breaking down the ins and outs of the ruling, and discussed what legal precedent this decision may set for years to come.
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JEANNIEMAC
Posted on July 3, 2012 at 11:01amhttp://visiontoamerica.org/10704/did-roberts-make-a-conservative-trojan-horse/
Report Post »Justice Roberts actually did the Conservatives a favor.
diehardsapper1969
Posted on June 29, 2012 at 8:12amI think it sets the precedent to force everyone to use foodstamps for food! Then Michelle and her imperial husband can control how much and what we eat too! Sounds farfetched, but why not? The King can decree anything with a single memo and no one stops him!
Report Post »politicaljules
Posted on June 29, 2012 at 12:32amI have had some interesting discussion tonight about Justice Roberts. There is a possibility that his position was based on the fact that he refuses to legislate from the bench. One thing conservatives cannot stand. Were we asking the SCOTUS to strike down a law because we wanted them to make that final legislative decision. I contend that we do not want nanny judges any more than we want a nanny state. He read the law and pointed out what a bad decision we made about the law, but it was not for him to decide the law stands or the law goes.
Report Post »NOBALONEY
Posted on June 28, 2012 at 9:57pmWhen Justice Ginsberg put a hold on the government takeover of General Motors. That’s when I started wondering about the Roberts Court. Ginsberg was waiting for a ‘rule of four’; which would be necessary for a review by the court. Four didn’t, so it moved forward. Gleen’s right, and make no mistake about it. This is a big government court, anf highly politizied. Prior to the 2004 election, any political disputes was left up to the politicians in Congress, and I believe the Burger Court was the beginning of case study over precedent. The founders, constructed a Constitution to preserve states righst, as well as individual rights, and a central government for the nation welfare and defense. I won’t have to wake up tomorrow and not recognize my country. I saw and heard it happen today. The ‘rule of law’ meant nothing to the court in the government’s bankruptcy plan for GM, and it was twisted today. Chief Justice Roberts called it a tax, when he knew very well Prsident Obama, and the Democratic majority pasased it on as not being a tax. There’s no longer any check and balances. The three branches of our government are riddled with deception, confusion, confrontation, and contempt. Today, the tenth amendment of the U S Constitution was stuck down by Chief Justice Roberts.
Report Post »donmyrick
Posted on June 28, 2012 at 9:57pmSo now the court “rules” that congress doesn’t really know what enacting a fine means and may unwittingly pass a tax thinking it was a fine? Are all fines now taxes?
Report Post »lukerw
Posted on June 28, 2012 at 9:35pmGermany: Depression; Weimar Republic; Socialism & HealthCare; The Third Reich! — The Sad Song of History being Replayed as adapted for English.
Report Post »KeystoneState
Posted on June 28, 2012 at 10:01pmEasy here folks, actually read Tom Socca’s “Slate” post, its very interesting, maybe all hope isn’t lost after all!
Report Post »normbal
Posted on June 28, 2012 at 9:32pmHow about mandatory lottery tickets? Call it a TAX. It’ll be fine, there’s SCOTUS precedent for it. Have the IRS enforce it, take the money out of your paycheck. Better chance of a return than social security.
Report Post »chips1
Posted on June 28, 2012 at 9:29pmThe price of healthcare is only about $50. Just go to Tijuana and in about 20 minutes you can get any type I.D. card you want with any info you want. Get sick and go to any emergency room and then go home. No muss, no fuss! That’s just what the Mexicans do and they have several cards, all with different info.
Report Post »Tri-ox
Posted on June 28, 2012 at 9:21pmRepublicans should pass a bill requiring every American citizen to purchase a gun and a Bible – or face a stiff penalty, or as Chief UNJUSTice John Roberts would call it, a “TAX”.
Report Post »lylejk
Posted on June 28, 2012 at 9:17pmThough they didn’t sell it to us as a tax, it has been deemed as such. BO and the Democrats gave us all the biggest tax in the history of our Republic and worse, it’s the first time it will effect peons like me more then rich folk. Let’s just hope the people remedy this by kicking out this administration and all the Democrats that they can come this Fall. :)
Report Post »Tired of Code Names
Posted on June 28, 2012 at 9:42pmUntil the USA decides to abscond with gerrymandering districts we will continue down the path of the disgraceful walkout from the house today. It was highly partisan and absent of gerrymandering, the majority would be represented. Until 50 years ago, to move to this country and be afforded the opportunity to become an American Citizen was prized. The folks that came here left their country because they thought it was broken. They came here for the opportunity to assimilate. Not anymore! Now they want the greatest country ever to assimilate to their desires. All based on liberalism. Well, if America does not wake up soon, we will join the third world. Go visit any other country and decide if you like their standard of living and then think about how important it is that if we have immigrants (which is not bad….my family immigrated here around 1860)…they should want to be Americans. Not burning our flag.
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