A day has passed, and I got to spend most of it studying. This is my best understanding of what happened and why, followed by three excellent video clips. Please note that my thoughts on the motivations of Chief Justice Roberts are my own opinions only, and I do not present them as facts.
The Supreme Court’s 5-4 decision upholding the nation’s health care law marks an enormous political victory for President Barack Obama in the heat of a re-election campaign, and affirmation as well for the Democrats’ decades-long drive to extend coverage to millions of Americans who now go without.
Yet if the sweeping changes mandated by the law will go forward, so, too, the political controversy. Presidential challenger Mitt Romney and Republicans seeking control of Congress will see to that, seizing on Chief Justice John Roberts’ ruling that the law levies a new tax on anyone refusing to purchase coverage.
The decision was rich in irony as well as in history.
It was the second time in four days — a ruling Monday threw out much of an Arizona state law on immigration — that a Roberts’-led majority upheld the Obama administration’s position on a noisy, contentious issue that has roiled the nation’s politics for years.
On this case, at least, Roberts seemed to be ruling through gritted teeth when he upheld the requirement that all Americans purchase health care.
“We do not consider whether the (law) embodies sound policies,” he wrote of the health care legislation that Republicans have vowed to erase. “That judgment is entrusted to the Nation’s elected leaders.”… [emphasis added]
Inserted from <Washington Post>
Frankly, I think this was a partially incorrect decision. Roberts effectively ruled that the commerce clause does not apply, because an individual does not enter the health care market until he becomes ill. However, the knowledge that one can be treated in an emergency room often plays a large part in the decision not to purchase health care. Effectively people who can afford coverage, but are depending on the rest of us to pay their way, if needed, have entered the health care market by virtue of that decision. Roberts could have ruled that way without stretching. But Roberts is a highly partisan Republican. I think he did not want to set a precedent favoring use of the commerce clause. However, the Constitutionality of Obamacare is such a no-brainer, that I think Roberts was too concerned over the legacy of the Court bearing his name to hand down another boldly unconstitutional ruling so soon after Citizens United. By calling the individual mandate a tax, he gave Republicans an arrow for their quiver. Nothing incites Teabuggery faster than a new tax. He also opened the door to repealing the tax in a future reconciliation (cannot be filibustered) budget. To do that, Republicans need to do three things. Keep the House, take the Senate, and keep the Regime goose-stepping in lock step, against the will of the people. Roberts did as much as he could for his Republican allies, without producing another injustice on the order of Citizens United or Dred Scott.
According to factcheck.org, the minimum tax for people who can afford to, but refuse to purchase coverage will be $95 per person in 2014, $325 in 2015, and $695 from 2016 on. The maximum tax per family will be $2,085. Bear in mind that most trips to the emergency room cost $3,000 or more. This should effect no more than 4 million people, not all Americans as Republicans deceptively claim.
In addition, the Court struck down part of the penalty to states that refuse Medicaid expansion. Instead to taking all their Medicaid funding, the federal government can withhold only the additional funding targeted to the Medicaid expansion. Many think this will lead to a two tier system with expanded Medicaid only in blue states, leaving millions in red states uncovered. I disagree. Obamacare reimburses states for Medicaid Expansion at 95%. As much as Republicans love to bellow and whine about federal spending, they usually have no trouble not only taking federal money, but also, lying to take credit for getting it. States who lose the expansion money will end up with 100% of the cost of sick people, until they join the Republican health care plan and die. What a great incentive that will be for such states to turn blue.
Barack Obama spoke on what the ACA does.
He should have given this speech long ago and should keep giving it often.
Lawrence O’Donnell interviewed Michael Moore.
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I’m pleased to note that Michael Moore, a demonstrably true progressive, supports Obama and Obamacare. I fully agree with Moore that we need to keep moving forward to improve Obamacare until it becomes like Medicare for for all.
Ed Schultz discussed what Obamacare will mean for America.
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I agree with Ed. All things considered this is a historic victory for Obama, The Democratic Party, and most of all, the American people.
13 Responses to “Obamacare: Historic Victory”
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Looking at the mandate as "tax," it will only apply to people who do NOT have health care insurance AND refuse to get it after receiving subsidies that allow them to buy it. Not very many folks fit both those criteria.
I think the repubican spin of chanting "It's a tax … It's a tax …" might – and only might – have some traction in Congressional elections. But it won't help Romney one bit. We can take it right from his own mouth in the USA Today Op-Ed he wrote saying that the mandate was a tax:
http://www.usatoday.com/printedition/news/20090730/column30_st.art.htm
You're right, Nameless. It should be < 1% of the population.
"Barack Obama spoke on what the ACA does."
Americans will no longer have to hang their fortunes on chance, thank you President Obama…
Amen!
They say this will entergize the GOP/Tea Party more I disagree this will entergize the Democrats more because they will see there is a real difference between the two parties. Obama should take about the Healthcare law everytime he goes into every town What means to all Americans. Yes like MM said we can't turn back now.
The The GOP are already aiming to take down the HCL as much as they trying to take Obama down.
Check this out http://www.gop.com/getconnected/getconnected.htm
I think both statements atre true. There's nothing like a win to energize the left. There's nothing like outlandish lies to energize the right.
Oh by the way thanks TomCat very much
YVW! 🙂
I think the ACA is a good programme for Americans and the SCOTUS decision is a victory for everyone. It is a victory and it can only get better as it is tweaked. Of course, amusingly enough, the Republican/Teabaggers are harping on it as a tax because Roberts framed it that way. But it is more than likely a tax on the squeezed middle class because premiums are so expensive. The IRS is going to be after millions of people now because of the ACA according to Rubio. The Republican/Teabaggers are changing their tune? They're aligning themselves with the middle class now? Right, and I'm Santa Claus!
I watched the Obama video yesterday through HuffPost and thought he explained things well. And I appreciated his subtle dig at Rmoney and his healthcare plan while governor of Massachusetts. Anyone who listened and studies this a little more from government provided information, NOT from Republican/Teabagger, Faux Noise, Limbaugh or any of the other right wing nut cases, will see how this will help them. If you already have health insurance, it should make it better. If you are one of 30 million Americans without health insurance, this will make it more affordable. It isn't universal healthcare, but it accomplishes a lot. I suspect if the fight was so hard for this, universal healthcare would have been a blood letting battle!
And Mama, that little Republican/Teabagger add, what a pile of crap — but then what would we expect from Rmoney and the Republican/Teabaggers?! Here's another little tidbit from an e-mail from Grassfire Nation (these guys really make me want to hurl just hearing their name!)
Such bear scat! And there are bunches of people out there that buy these lies.
Michael Moore's interview with Lawrence O'Donnell was good and if he said it once, he said it a thousand times — we will go forward, there's no going back now.
Michael Moore ". . . Maybe Mr Roberts is a man of conscience . . ." — I really had to laugh at that one! There is no Republican/Teabagger who is a person of good conscience IMHO.
Ed Show — I watched quite a few segments and the Republican/Teabagger rhetoric is simply mind boggling in its stupidity! One right wing media person mentioned that Roberts was/is on medication for seizures and that this has impaired his cognitive abilities. Give me a break! And Palin — what a nut job! Quoting the 10th amendment and then saying Mr Obama knows nothing of the constitution, and probably hasn't read it. What planet is she from? Can't be earth. Encouraging governors to be tough, and opt out! Then several of them going on record as not implementing the exchanges
One thing that Richard Wolfe said when asked if he thought the Tea Party was going to energise around the healthcare issue before November, he agreed they would. But he also said, in his opinion, the left is energised as well. Another point he made was about jobs. He thinks that the Republican/Teabaggers are so preoccupied over the ACA decision, that they are missing the opportunity to talk about jobs, and the American people care about that just as much if not more.
This all makes me wonder if the Republican/Teabaggers are committing political suicide. I'm sure glad I live in Canada with universal healthcare and none of these histrionics. We have our problems, but this makes them look tame.
Lynn, ith IRS will be after nobody, because there are no provisions for enforcement. The ACA will bring premiums down.
There is no way Canuck style health care could have passed.
Agree!
Also agree!
Were they just horrid?
I hope so!
Your description of Roberts, is spot on. He went looking for an avenue that would be easier for Republicans to repeal the bill. Tax issues are decided on a 51 vote margin. I'm with those who would like another shot at single payer. Obama makes that possible with the ACA being one step closer.
Thanks Steve.
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