Breaking: The Individual Mandate Survives
I haven't read the opinion yet, but summary from SCOTUSBlog is that the mandate has been upheld under Congress's power to impose taxes for the "general welfare." Chief Justice Roberts joins the majority opinion. The entire statute, therefore, is upheld.
I'll have much more to say about this shortly, but assuming the initial summary is correct, this is a travesty. The "general welfare" clause adds no additional powers to the enumerated powers of Article I, Section 8. It is only since the New Deal case of Helvering, 150 years after the ratification of the Constitution, that the Court suddenly "discovered" an omnibus "general welfare" power. This decision destroys any remaining limits on that power.
SCOTUSBlog says that Roberts' vote "saved the ACA." If that's true, it's a major indictment of Roberts' jurisprudence.
The only non-travesty aspect, so far, is that the decision apparently limits the federal government's ability to coerce the states via Medicaid funding. That would be the first time SCOTUS ever actually limited a conditional grant program. But small consolation there.
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Comments:
May '10
Re: Breaking: The Individual Mandate Survives
Et tu, Roberts?
May '12
Re: Breaking: The Individual Mandate Survives
Which is a bigger threat to our republic: compassionate conservatives or hope and change? It is getting hard to tell the difference.
May '10
Re: Breaking: The Individual Mandate Survives
Elect Romney and take the Senate or the Republic is finished. Even then, it it will be a long, uphill fight not to live in Greece writ large.
May '10
Re: Breaking: The Individual Mandate Survives
This is the path a number of dystopia science fiction novels travel. I really do think this marks a line where the end of the Republic is nigh. I weep for my children that will have to grow up in a meaner, less free nation than I have.
May '10
Re: Breaking: The Individual Mandate Survives
I'd defer to the better legal minds at Ricochet, however, it seems to me that libertarians won the argument but the government won the case.
Jun '10
Re: Breaking: The Individual Mandate Survives
Doesn't this make it de facto national healthcare? Once the money goes to the IRS, those individuals are covered by some form of national healthcare. No?
May '10
Re: Breaking: The Individual Mandate Survives
Can you explain that to me? First off, Libertarians were happy to see Obama get elected in the first place, since they were so unhappy with Bush.
Second, how is being forced to do something by the government a libertarian win?
Dec '10
Re: Breaking: The Individual Mandate Survives
This is crunch time for Romney. Let's see what he's really made of and how hard he'll come out swinging. Is he a leader, does he believe in liberty?
If he flubs, it may be time to say goodbye and move into the bunker in the woods. I'll miss Ricochet, but I doubt my internet access will be all that great 30 feet underground.
Adam, looking forward to hearing your analysis on the apparent Roberts' opinion.
Jul '10
Re: Breaking: The Individual Mandate Survives
A limitless government? WOW!
Jun '11
Re: Breaking: The Individual Mandate Survives
Anyone want to defend the Bush "legacy" now? Could have been worse though...Harriet Miers [was "Miners"...darned Android spell check] would have made it 6-3.
Edited on June 28, 2012 at 6:37pmNov '10
Re: Breaking: The Individual Mandate Survives
I think the Chief Justice crafted what most do to protect the Court. He threw the political ball back to the Arena. Obama wins, but only in the realm that he will insitute the most massive tax increase at all levels in history. Once the euphoria wears off, Dems will see what a complete mess they have been handed. Good news, not upheld by expansion of the commerce clause.
Dec '10
Re: Breaking: The Individual Mandate Survives
Question: Will we see this decision reflected in the market? Since common wisdom held that at least the mandate would go, how will this affect health care stocks, if at all?
Sep '10
Re: Breaking: The Individual Mandate Survives
Taxation without Representation. Something about that phrase rings a bell. Let me think.
May '10
Re: Breaking: The Individual Mandate Survives
I am not happy to say that this is what I argued in defending Romney on the MA mandate--look it up. A tax=a mandate=a tax.
Aug '10
Re: Breaking: The Individual Mandate Survives
Adam, you dashing legal lad, you, can I ask a question?
It's my understanding that for decades now the Supreme Court has held that retroactive taxes are not in violation of the Constitutional prohibition against ex-post-facto laws. Is that true?
And if it's true, why would any of us expect the Supreme Court to ever rule any tax unconstitutional?
Edited on June 28, 2012 at 5:43pmJun '10
Re: Breaking: The Individual Mandate Survives
An idiotic decision. But in the "when life gives you lemons, make lemonade" method of living one's life, hasn't the Court, on extremely dubious grounds, just saddled Obama with the most unpopular bill in recent memory (which now contains one of the largest "tax" increases in history)?
In other words, now we can aim our guns at Obama and every Democratic Senator that voted for it, not on theoretical grounds, but for "what they did to us"?
Edited on June 28, 2012 at 5:26pmOct '10
Re: Breaking: The Individual Mandate Survives
And here I was so worried about Kennedy. Roberts!
Jul '10
Re: Breaking: The Individual Mandate Survives
Roberts can go to Hell.
May '12
Re: Breaking: The Individual Mandate Survives
Sir, you win the award for Incurable Optimist.
Dec '10
Re: Breaking: The Individual Mandate Survives
And I guess we should all sadly tip our hats to Peter's astute student of SCOTUS.