Chief Justice Roberts saves Obamacare!

[Imran Siddiqui]

5-4 decision! From SCOTUSblog:

The bottom line: the entire ACA is upheld, with the exception that the federal government's power to terminate states' Medicaid funds is narrowly read.

The money quote from the section on the mandate: Our precedent demonstrates that Congress had the power to impose the exaction in Section 5000A under the taxing power, and that Section 5000A need not be read to do more than impose a tax. This is sufficient to sustain it.

It appears Roberts joined with the "Liberal 4".

[Imran Siddiqui]

Also:

Justice Ginsburg makes clear that the vote is 5-4 on sustaining the mandate as a form of tax. Her opinion, for herself and Sotomayor, Breyer and Kagan, joins the key section of Roberts opinion on that point. She would go further and uphold the mandate under the Commerce Clause, which Roberts wouldn't.

So Roberts validates mandate under taxing power. Ginsburg would say it is ok under taxing and Commerce Clause.

[Al B. Sure!]

So as a Libertarian you're against this, right, Imran?

[DaShi]

As a lawyer he's for the ruling. Law over politics!

[Imran Siddiqui]

In Plain English: 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.

From SCOTUSblog

[Imran Siddiqui]

So as a Libertarian you're against this, right, Imran?

Do you know how long it's been since I've been a "Libertarian"?!

[Lorizael]

Upholding this law, even if it is a bad law, reinforces the concept of universal healthcare. That's a good thing as far as I'm concerned.

[DinoDoc]

Wow. I totally thought if anyone might follow the individual mandate was gonna be upheld at all, Kennedy would be the weak one.

Edit: Somewhat surprised that the Medicaid provision seems to have been rejected though.

[Imran Siddiqui]

There was some speculation Roberts would be the 5th from legal experts. Roberts is far more difficult to pin down than Kennedy on some of these issues.

[Ogie Oglethorpe]

So Roberts calls Obama a liar and allows it to stand as a tax when Obama clearly stated it wasn't a tax. Interesting.

[MRT144]

So Roberts calls Obama a liar and allows it to stand as a tax when Obama clearly stated it wasn't a tax. Interesting.

Pretty brilliant of him, don't you think?

[DaShi]

You remind me of a kid who can't tell the difference from being wrong and lying.

xpost

[DinoDoc]

There was some speculation Roberts would be the 5th from legal experts. Roberts is far more difficult to pin down than Kennedy on some of these issues.

a) I'm just shocked that Kennedy (of all people) proved to be a stronger judicial conservative than the Chief Justice.

b) The one silver lining I can see besides giving states an out on Medicaid expansion is that the Court appears to have rejected in its entirety the Administration's contention that the mandate was justified under the Commerce Clause. Which will hopefully limit the ability of Congress to pass additional mandates in the future.

[Ogie Oglethorpe]

@ 12

You shouldn't refer to POTUS as a kid. That kind of talk is plainly racist. Almost as bad as calling the POTUS a liar.

[MRT144]

a) I'm just shocked that Kennedy (of all people) proved to be a stronger judicial conservative than the Chief Justice.

b) The one silver lining I can see besides giving states an out on Medicaid expansion is that the Court appears to have rejected in its entirety the Administration's contention that the mandate was justified under the Commerce Clause. Which will hopefully limit the ability of Congress to pass additional mandates in the future.

Obviously Roberts is a RINO.