The Supreme Court Upholds ObamaCare–Now What?
Posted by KingShamus on June 28, 2012
As you all know, the Supreme Court ruled ObamaCare is constitutional.
In the words of one Supreme Court justice, Thursday’s historic ruling leaves the controversial health care overhaul “largely unscathed” — but only by the slimmest of margins in the 5-4 ruling that put Chief Justice John Roberts in line with the court’s more liberal members.
…The decision to uphold ObamaCare and its individual mandate forcing people to buy health insurance was based on the federal government’s taxing authority rather than other powers.
Real quick, I wanna give a community organizer shout-out to Chief Justice John Roberts. Good thing a lot of conservatives supported and defended you back in 2005. Thank God the Right has you on the highest court in the land making sure that when the federal government tries to order the citizenry buy something or face a massive fine, you’re there to put stop to something so blatantly unconstitutional. Oh, wait…
Look, I wanna believe that Roberts pulled some jurisprudence super-ninja trickery when he wrote his majority opinion. I was hoping that there would be a silver lining in this tuna-shit salad of a ruling. I was almost onboard with that line of reasoning. Then I read this:
While I agree with a practical approach to the law, engaging in interpretation on this scale is unwarranted. I disagree strongly with Chief Justice Roberts use of the word “reasonable” in his conclusion:
The Affordable Care Act is constitutional in part and unconstitutional in part. The individual mandate cannot be upheld as an exercise of Congress’s power under the Commerce Clause. That Clause authorizes Congress to regulate interstate commerce, not to order individuals to engage in it.In this case, however, it is reasonable to construe what Congress has done as increasing taxes on those who have a certain amount of income, but choose to go without health insurance. Such legislation is within Congress’s power to tax . . .(Emphasis added.) The prudential, reasonable thing to do would have been to strike down the ACA and tell Congress “We don’t however rule today on the constitutionality of ACA as a tax,” thereby leaving open that issue for Congress to try again if it wanted. What Roberts has done is rewrite the law.
Read the whole thing, as RDBrewer does a good job elaborating his arguments further.
So what do we do now? The Supreme Court didn’t let us off the hook like some of us had hoped. Then again, my hopes for a court victory were only raised after the oral arguments seemed to go so badly for the government. For most of the time since ObamaCare was passed, I believed the only way to get rid of this monstrosity was through legislative and electoral processes.
So let’s do that. Starting today. Starting right fucking now.
To hell with the squirrelly weirdos on the Supreme Court. Taken on an individual basis, there are many strong thinkers on the Court who view the Constitution as a great document that should be treated with care and respect. As a group, the SCOTUS is an inherently unreliable collection. As we’ve seen today, they can be argued into damn near anything if you ply them with the ‘right’ wackadoo arguments.
If you pin your hopes on them to reverse the tide of progressive socialism in America, you’re pinning your hopes on a 19-year-old meth-head stripper who desperately wants to ‘borrow’ your car at three o’clock in the morning so she can go ‘pick up’ her ‘kid’ at the abandoned apartment complex downtown.