Supreme Court Upholds Obamacare

supreme_court_side_view_medium_web_view

I’ll have more updates as the news unfolds.

Update: Waiting on the ruling to hit the website, but apparently Chief Justice John Roberts joined the “left” side of the court in upholding the mandate.

Update: Per 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. … Chief Justice Roberts’ vote saved the ACA.”

This is a big, big blow for American liberty. If the government can force us to buy health insurance, they can force us to do anything. Even with Obamacare’s repeal, this SCOTUS decision will stand as the limit (or, more accurately, lack thereof) on federal power.

Update: From the ruling: “Our precedent demonstrates that Congress had the power to impose the exaction in Section 5000A under the taxing power, and that Section 5000A [the individual mandate] need not be read to do more than impose a tax. This is sufficient to sustain it.”

Because they’ve decided the mandate is a tax, the Court rules that Americans can simply refuse to get health insurance and pay the tax.

Update: Justice Kennedy reads the dissent and opens with this: “In our view, the entire Act before us is invalid in its entirety.” If Roberts had sided with conservatives, that would have been the majority opinion of the court.

Update: More from SCOTUSBlog: “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.”

Update: Here is the full ruling:

11-393c3a2 (2)

Rob Port is the editor of SayAnythingBlog.com. In 2011 he was a finalist for the Watch Dog of the Year from the Sam Adams Alliance and winner of the Americans For Prosperity Award for Online Excellence. In 2013 the Washington Post named SAB one of the nation's top state-based political blogs, and named Rob one of the state's best political reporters. He writes a weekly column for several North Dakota newspapers, and also serves as a policy fellow for the North Dakota Policy Council.

Related posts

  • http://realitybasedbob.sayanythingblog.com/ realitybasedbob

    Bad news for Romneycare, huh?

    • Snarkie Sparkie

      Grommitcare?

  • http://realitybasedbob.sayanythingblog.com/ realitybasedbob

    Of course your original headline was:

    BREAKING: Supreme Court Strikes Down Obamacare Individual Mandate

    • http://sayanythingblog.com Rob

      Yeah, bad Twitter updates.  CNN had the wrong headline right away.

      • http://realitybasedbob.sayanythingblog.com/ realitybasedbob

        Ya know someone would do it.

      • Bat One

        Nobody pays any attention to CNN!

        • http://realitybasedbob.sayanythingblog.com/ realitybasedbob

          Our host did.
          Why do you hate our host?

          • Bat One

            No, Boob, he didn’t.  He got the story from Drudge.  And Drudge monitors CNN just to point out screw-ups like this.

          • Snarkie Sparkie

            Tell us again how conservatives shit out little perfume-infused cubes once a week which slip silently and unnoticeably into the latrine?

            Bwa ha ha ha ha ha.

          • Onslaught1066

             SparKKKie, Is that any way to talk about your mother who so lovingly scooped you up after depositing you in the gutter as any bitch dog does?

            Bad SparKKKie, Bad! Bad! SparKKKie.

          • Snarkie Sparkie

            There’s no gutter to low for you to lick is there, adolescent-winged-cock-man?

          • Onslaught1066

             Evasion, Buttfuckle, you failed to answer the question.

          • http://realitybasedbob.sayanythingblog.com/ realitybasedbob

            Rob, Nobody likes The Whistler.

            Yeah, bad Twitter updates.  CNN had the wrong headline right away.

            Today 07:18 AM in reply to realitybasedbob

          • Hannitized, Proofs obsession

            Reality check:

            Fox News this morning briefly reported that the Supreme Court had found the Affordable Care Act’s individual mandate unconstitutional:

            http://www.slate.com/blogs/browbeat/2012/06/28/aca_mandate_struck_down_cnn_and_fox_misreport_the_historic_decision_.html

      • Hannitized, Proofs obsession

         Fox had the wrong headline as well.

  • http://realitybasedbob.sayanythingblog.com/ realitybasedbob

    So, good news for Romneycare?

  • http://realitybasedbob.sayanythingblog.com/ realitybasedbob

    Does this mean our right wing activist laden SCOTUS is a secret Kenyan Socialistical front group?

  • Dakotacyr

    Big big win for Obama. That’s two big Supreme Court decisions for Obama this week. Will really energize the democratic base for the fall.

  • Dakotacyr

    Oh, and the Chief Justice Roberts sides with the liberals and President Obama.

    • http://realitybasedbob.sayanythingblog.com/ realitybasedbob

      It’s Robertscare from now on.

      • Onslaught1066

         Why?

        Is Dumb-O too ashamed to claim credit?

  • http://nofreelunch.areavoices.com/ Kevin Flanagan

    Where is all this new health care going to come from?

    • $7725169

      Pudding

    • http://realitybasedbob.sayanythingblog.com/ realitybasedbob

      ACA is a job creator, get over it.

      • http://nofreelunch.areavoices.com/ Kevin Flanagan

        Are there many medical personnel who are unemployed? 

        • Dakotacyr

          Lots of education opportunities for those unemployed to get retraining in a medical field. You lost, get over it and get back to your whining about your state taxes.

          • http://nofreelunch.areavoices.com/ Kevin Flanagan

            I didn’t lose anything. I already buy health insurance.

          • jackstan84

            You make the free-lunch argument. Do you like paying higher rates for free riders in the system who go to the ER and don’t pay?

          • http://nofreelunch.areavoices.com/ Kevin Flanagan

            Anyone who thinks they will pay less for health care because of this is delusional. Good luck being able to see a doctor in a timely manner.
            Just wait until the stoned slackers discover they have to buy health insurance now. LOL!

          • jackstan84

            Just wait until the stoned slackers discover they have to buy health insurance now. LOL!    So you like that they will have to pay, don’t forget the individual mandate is a conservative idea.

            I think that it is good that people including children cannot be rejected for insurance because they have a pre-existing condition. But I suppose you don’t have a pre-existing condition so you don’t care about those people

            I hate that the bill is thousands upon thousands of pages long and pandered to every lobbyist, special interest, and constituency.

          • http://nofreelunch.areavoices.com/ Kevin Flanagan

            Isn’t that called “compromise?”

          • sbark

            CNN reports some 15 to 20% of doctors will be quiting the profession after this,   at least 20 million people will loose their employer supplied health Ins,  The private Ins. Industry will cease to exist.  

            Why in the world do you radical Leftists think this has a prayer in hell to work?

            The American Left are lifetime loosers, with 100% failure as their benchmark, and yet here they are patting themselves on the back for taking on this “project”…absurd.

            Nothing you have ever implemented before has worked, and this has some 60% pubic disapproval going in…….

            ……The only way to implement this is with 160,000 Irs agents, 16000 wont put a dent in it

            Govt will only be able to run this via direct force or threat of,  taxation wont do it.

          • jackstan84

            Funny accusation since the individual mandate and similar legislation didn’t come from the left. It was developed by Conservative economists in the 80s, and then the Conservative Heritage Foundation wrote a very similar bill in 1993.

          • ellinas1

            “CNN reports some 15 to 20% of doctors will be quiting the profession after this,..”
            Let them quit. There is an accute shortage of trench diggers.

          • Onslaught1066

             I believe they prefer to be called cemetery workers.

          • Bat One

            The real cemetery workers are hard at work signing up more dead Democrat voters for the November election.

          • ellinas1

            We have sufficient numbers of live voters to win the November election.

          • two_amber_lamps

            Dearest Pedarast….

            When the people discover they can vote themselves money, it heralds the end of a Nation.

          • ellinas1

            Politically correct.

          • Bat One

            Let them quit. There is an acute shortage of trench diggers.

            Wrong!  There is a surplus of unemployed trench diggers.  All those “shovel-ready” projects Obama boasted… erh,,, lied about, weren’t.

          • ellinas1

            I don’t care what Obama said. 
            I say:Let them quit. There is an acute shortage of trench diggers.

    • http://flamemeister.com flamemeister

      Chicken soup.

      • http://nofreelunch.areavoices.com/ Kevin Flanagan

        Normal people will be lucky to afford chicken soup after this.

  • http://realitybasedbob.sayanythingblog.com/ realitybasedbob

    So what will Willard’s talking points be now?

    ‘I will veto Robertscare as my first act as President’

    • Snarkie Sparkie

      Did you know that Mittens Grommit might have shot a squirrel as a teenager?

      • two_amber_lamps

        Oh look who staggered out of the ER….  hello sparkless!

        I see you’ve been busy in your off-time…. so what’s it like getting your stomach pumped?

        http://www.youtube.com/watch?v=QUcgdEmlCJc

        Lots of fun…. Lot’s of fun….  in 3, 2, 1….  SPARKIE!

        • Snarkie Sparkie

          I worked 12 18 hour days in a row.  KmA, poptart.

          • two_amber_lamps

             Is that what you call those hours staring blankly at the TV/ceiling between alcoholic benders?

      • http://realitybasedbob.sayanythingblog.com/ realitybasedbob

        In April 2007, Romney said, “I’m not a big-game hunter. I’ve always been a rodent and rabbit hunter. Small varmints, if you will. I began
        when I was 15 or so and I have hunted those kinds of varmints since
        then.”

        Monday evening, Romney admitted he’s still “not the great hunter,”
        but has since been “elk hunting” with friends in Montana — he first
        answered “moose hunting,” but quickly corrected himself — as well as
        “pheasant hunting.”

        “I’m not the great hunter that some on this stage — probably Rick Perry, my guess is you are a serious hunter,” Romney said. “I’m not a serious hunter, but I must admit, I guess I enjoy the sport and when I get invited I’m delighted to be able to go hunting.”

        http://www.cbsnews.com/8301-503544_162-57359904-503544/has-romney-been-hunting-since-2008-small-varmints-gaffe/

        “He supported the Brady Bill, supported the gun ban, increased taxes on gun licenses by 400 percent when he was in the state of Massachusetts,” Santorum, who exited the race on April 10, said while campaigning in Pennsylvania on April 4.

        Romney, 65, also backed a ban on certain assault weapons in a 1994 federal anti-crime bill. As governor, he signed legislation that raised gun license fees from $25 to $100 to help close a state budget deficit, while also extending license
        durations to mitigate the increased cost, according to a Boston Globe report.

        http://www.bloomberg.com/news/2012-04-13/romney-varmint-hunting-tales-aimed-at-gun-owning-skeptics.html

        Proof, In your heart, you know he’s Right.

        …I’m still hoping for a Not Romney for President….

        01/16/2012 05:41 PM in reply to I H8 GOPers

        • http://proof-proofpositive.blogspot.com/ Proof

           Funny how things can change over six months, ain’t it, Nutterbob? And you’re still stuck with the Bamboozler-in-Chief. You go to war with the army you’ve got.

          • http://realitybasedbob.sayanythingblog.com/ realitybasedbob

            And you’ve got the guy you said  “keeps doubling down on stupid”.

          • http://proof-proofpositive.blogspot.com/ Proof

             Sounds a lot like sarcasm to me. But if you are going to insist on quoting me out of context, tell us, boob, did you ever stop using the word “chinky” to refer to persons of Asian ancestry?

          • http://realitybasedbob.sayanythingblog.com/ realitybasedbob

            You’re right poof, context is everything.
            Better get your ears checked.

            Proof, In your heart, you know he’s Right. 

            Yesterday, I heard him [Willard] make the same lame argument as some of our trolls that
            there is no difference between a health insurance mandate and requiring car insurance. What else could he say? He’s in full CYA mode.  Who can deal with a little thing like Constitutionality? Strike two. 

            9 months ago

            borborygmi

            I thought he had already struck out in your eyes.

            9 months ago in reply to Proof

            Proof, In your heart, you know he’s right.

            I keep wanting to give him the benefit of the doubt and he keeps doubling down on stupid. Kind of like Ron Paul, but with presidential hair.

            9 months ago in reply to borborygmi

            1 Like

            http://sayanythingblog.com/entry/romneycare-has-cost-massachusetts-18000-jobs/

          • http://proof-proofpositive.blogspot.com/ Proof

             So, you’re saying the “stupid” I said  he doubled down on, was essentially Obamacare, with its semi-Constitutional  ‘tax the middle class’ scheme?

            Sounds like Obama has doubled down on that stupid more than once himself!

            Mitt passed it for one state, which was bad enough, Obama passed it for all 57 states! Now you have a closer comparison for degrees of stupidity!
            See? Context is everything, boob!

            Now go cut and paste something. I’m sure there’s a convoluted, nonsensical headline somewhere with your name n it.

          • http://realitybasedbob.sayanythingblog.com/ realitybasedbob

            Proof, In your heart, you know he’s Right.

            Quote du jour, March 5, 2011:

            “I would repeal Obamacare, if I were ever in a position to do so.” -Mitt Romney.

            Mitt Romney promising to repeal Obamacare is like Charlie Sheen promising to give up crazy. -Proof.

            04/11/2011 11:50 AM

          • http://proof-proofpositive.blogspot.com/ Proof

             Nicely cut and pasted boob! Give yourself a cookie!
            So, you are saying the “stupid” I said  he doubled down on, was essentially Obamacare!

          • http://realitybasedbob.sayanythingblog.com/ realitybasedbob

            poof, by Obamacare, do you mean the Father of Obamacare or are you referring to Robertscare?

          • http://proof-proofpositive.blogspot.com/ Proof

             Roberts was certainly the midwife, but they don’t call it Obamacare for nothing!. In fact, it is a huge tax increase on the middle class…like Obama promised would never happen!

            Flip flops, anyone?
            http://oi50.tinypic.com/k2g6z7.jpg

          • http://realitybasedbob.sayanythingblog.com/ realitybasedbob

            poof, just though you’d like to know, you misspelled again.

            Tough break for you, huh?

            Oh Spelling Bea, what a joke you are.

          • http://proof-proofpositive.blogspot.com/ Proof

             Please don’t take the Grammar Nazi wannabee position away from Hanni. He’s almost never right, but it’s all he’s got!

          • http://proof-proofpositive.blogspot.com/ Proof

             And speaking of “doubling down on stupid”, did you hear Chief Justice John Roberts’ explanation of how the penalty is a tax…except for when it isn’t?

            He could start writing your headlines for you, Nutterbob!

          • http://realitybasedbob.sayanythingblog.com/ realitybasedbob

            poof, I could use a little help.
            With all the gops pleading guilty, this is a full time job.

            Oh look, here’s another one!

            gop Leader Pleads Guilty To Drunk
            Driving

          • http://proof-proofpositive.blogspot.com/ Proof

             It’s only a full time job because you have to screen out all the Democrat ne’er-do-wells in order to reach your conclusions.

            Please continue to use that quote if you really believe that Obamacare was written, passed and decided stupidly.

          • http://realitybasedbob.sayanythingblog.com/ realitybasedbob

            Which quote, poof?

            Are you referring to your quote saying Willard “keeps doubling down on stupid.”?

          • http://proof-proofpositive.blogspot.com/ Proof

             Doubling down on Obamacare, yes.  The only things more stupid than Obamacare are its supporters

          • http://realitybasedbob.sayanythingblog.com/ realitybasedbob

            Romney: “He’s Been Consistent Since He Changed His Mind”

              http://www.youtube.com/watch?v=ynfiwB85CT4

  • sbark

    So the Mandate is unconstitutional,   but the taxation is Constitutional………………

    So that means the Govt can now tax us into a chosen behavior at their choosing?

    Be glad the Tea Party will be vocal…………….its when they simply go quiet is the time to worry.

    This wont “mobilize” the left voter base at all…..in fact the opposite———but what it will do for the Conservative base will be astronomic

    Elections matter…………results matter

    • http://realitybasedbob.sayanythingblog.com/ realitybasedbob

      ……………so what……..

      are…….you planning…………to do…
      ….refresh the……….

      …..Tree of ……………………..liberty with……………SCOTUS …………….

      ……blood……

      ……………….?

      • sbark

        No need……….Nov elections just turned into a landslide loss of Senate and POTUS for the left……….

        my worry only turns to Rommney……….how that RINO will re-act

        • Snarkie Sparkie

          Don’t worry, he’ll be something totally different next week, then again the week after that, and so on and so forth.

          • Onslaught1066

             But not for you, eh, Buttfuckle?

            Glue, booze and dead wifey, the circle of life.

          • Snarkie Sparkie

            You flatter me, troll stalker asshat boy.

          • Onslaught1066

             Truth hurts, don’t it?

  • sbark

    Sounds like the SCOTUS did build in the 10th amend wall around this.   The Fed cant actually tax, but can tell the states to tax and how to spend money………

    so really an Unfunded Mandate of mamoth proportions

    Good thing Measure 2 failed………..that is who is going to pay for this historic new tax level
    ……..think the sheeples in N.Dak 4 big cities will pay for this, they just want it “free”

    They’ll vote to raise property taxes in a heartbeat, but ooohhh noooo on Income or sales taxes

    that was my reasoning for Measure 2 in the 1st place all along—Unfunded Fed Mandates

  • ‘Tom Crawford

    So this passes as a TAX, and Obama stated emphatically that this was NOT a tax….does then become his “Read my lips” moment?

  • Game

    If you listen closely, you can hear the moans of millions of armchair legal experts who believed that they were constitutional experts crying into their  Gadsden flag.

  • Yuppers29

    Rob, They did it when this was being debated and they’re doing it again.  Conrad’s office in GF has pulled their Senate logo’s etc.  I know they’ll pop them back up when they read this, but they pulled them again.  They are expecting to get hammered and are acting like cowards.  This is the kind of crap that needs exposed.

    • Bat One

      Kent Conrad has been a coward his entire career.

  • Wookiebush

    And why didn’t Mike Meyers er Kagan recues herself? there have to be repercussions on that alone. Maybe a nice impeachment after Roms is elected? Take out that idiot roberts too…

    W.

  • howiseeit

    There goes government of people and now we have people of the government.  The Supreme Court Justice systems needs revision.  Since we no longer need to adhere to the constitution we can just throw the bumbs out.  What a bunch of unguided misfits. 

    • borborygmi

      of course if this had been ruled the other way you would be touting the wisdom of the court.

      • howiseeit

        No.  I would be touting the wisdom of the constitution.

  • Matthew

    There is some pretty interesting commentary over at the Volokh Conspiracy.  One article speculates that Bush chose Roberts because he usually upholds executive power and Bush wanted the War on Terror laws ruled Constitutional.

  • borborygmi

    Actually suprises me.  The shaking of the ground was caused by the shift in political balance between the branches and between state and federal. That is the big story coming out of this ruling. 

  • Rick Olson

    I’m actually surprised that Chief Justice Roberts joined the liberals on the court to form the 5-4 ruling in favor of the law. However, Roberts wrote that as a matter of taxation, the individual mandate is constitutional. As a matter of commerce, it would have been unconstitutional.  I assume this means that if someone for whatever reason does not have health insurance, then they will somehow be penalized when they file their income tax returns.  I really don’t think they’re going to throw people in prison for failing to carry health insurance.  That would go too far.

    • Jessica Johnson

      I agree they would have to many prisioners and not enough taxpayers and guards! Ha!

    • Bat One

      Very shrewd observation.  Roberts has effectively closed off the misuse of the commerce clause by liberal legislators, and forced Congress to use the taxing power instead.  This means they will now have to be more honest about what they’re doing.  It also means that the Republicans’ job in repealing Obamacare got a whole lot easier, because Senate rules prohibit the filibuster of tax legislation.  51 votes in the Senate is all it will take for the GOP to repeal it.

  • Rick Olson

    I also think this ruling is a definite win for the Republicans.  Had the Supreme Court struck down Obamacare, then the Democrats would have walked up to the Republicans and said, “Okay, whatcha got now?” 

    • http://realitybasedbob.sayanythingblog.com/ realitybasedbob

      Thank you for hinting to the fact the gop got squat.

      • borborygmi

        I do believe that is a full out admission.  The Republicans on the hill are going whew we don’t have to come up with anything.

        • howiseeit

          Maybe the Republicans should take notice of how the Democrats got it done.  Wait till the Christmas recess and shove it down their throats and keep em there until it was done.

  • HG

    Win some, lose some. 

    However, this fight is far from over. 

    Disappointed, but resolved.  I would imagine this motivates the majority of Americans who oppose Obamacare.

    • Snarkie Sparkie

      You mean the majority who dont give a shit?

  • Jessica Johnson

    Does our government not realize that we revolted against GB due to unfair taxation, if they keep it up they might see a revolt against them too! They need to quit meddling in our lives and let us make our own choices!

    • ellinas1

      Go ahead. Revolt.
      Make no idle threats. Revolt I say.

      • Onslaught1066

         No thanks.

        You’re revolting enough.

  • http://flamemeister.com flamemeister

    “The biggest tax increase in the history of the world.”
    The Greatest Depression in the History of the World.
    War.

    • Snarkie Sparkie

      Keep working on that poetry, flamer.

      • Onslaught1066

        There once was a troll called SparKKKie,
        Whose wife he confused for a “Darkie”
        He called her a spick,
        and claimed she was sick
        and now likes to call himself Snarkie

        • Snarkie Sparkie

          Touche, stalker.

          • Onslaught1066

            Merci beaucoup.

  • GilbertEngageAmerica

    The Affordable Care Act  has been a daunting process on most Americans.
    Its decision has played a great role in not just the lives of everyday
    Americas, but has an impact on how the American economic landscape will
    continue to push itself during an economic crisis.  businesses can expect to face some uphill challenges in
    trying provide this new healthcare. , For small businesses in particular, they may face some hardship in trying to either keep up with the law or having to pay the penalties(http://abcn.ws/NRChMR)
    on what is now practice rather than an idea.

     

  • Subman

    today is an extremely sad day for America… we’re getting more and more like Nazi Germany every minute… scary.

  • http://realitybasedbob.sayanythingblog.com/ realitybasedbob

    Batsheet crazy Michelle just called our right wing SCOTUS an ‘activist’ court because it did not strike down the ACA.

    • http://proof-proofpositive.blogspot.com/ Proof

       You should be more respectful to FLOTUS, boob.

      • Bat One

        Flotus, huh?  With that super-sized stern, its no wonder she floats. 

        • http://proof-proofpositive.blogspot.com/ Proof

           And when she vacations by herself in Europe, it’s “FLOTUS alone”.

          • Onslaught1066

             Perhaps she could be christened the Titantrum.

            The largest Liar ever to lunch.

          • http://proof-proofpositive.blogspot.com/ Proof

             When Michelle “barges in” on Barry, I’m told she uses an actual barge.

          • Onslaught1066

             When Moochelle and Dumb-O are out cruising he’s usually the one “In Tow”.

  • Robertfrost

    I think its time to entertain seccession.

    • HG

      Let’s wait until after the election.

    • borborygmi

      I was wondering how long before that came up.  I have some money in the bank for a one way ticket perhaps I will entertain the thought of buying you one.  Oops HG needs one to.  I will tell you how to get across the border instead.  It will have to be the southern border because I am sure you don’t  want to go to socialist Canada.  Nutters they make me laugh. 

    • Snarkie Sparkie

      If ND secedes who will pay your welfare tab??

  • Awfulorv

    Years ago companies who desperately wanted, and needed, and could afford to pay for the best workers, came up with the idea of offering incentives to entice said workers to come work for them, rather than a competing company. Health insurance was one of the principal ways to induce them to come on over. This is how third parties came to pay for the this type of insurance. It’s crystal clear to this writer that this method of inducement has been used, on a huge scale, over the years to, in effect, attract cheap Mexican labor into our country. Whether this was done on purpose, with the resultant job loss to our citizens, or was an unintended consequence of supplying virtually free health care to illegals, is open to debate. Either way, the unemployment rates clearly, and grimly, tell us that the policy has been disastrous.

  • Snarkie Sparkie

    OMG.  How many assault rifles are buried in your backyard?

    Bwa ha ha ha ha.  Nutters.

    • two_amber_lamps

       How many women besides your ex-wife are buried in your backyard?

      • ellinas1

        Just one. Your mother.

        • Onslaught1066

           Still being a pederast, huh Miss Ogeny?

Top