The Supreme Court voted 5-4 today in a monumental ruling to uphold Obamacare, specifically the individual mandate. While critics of the mandate declared that it is unconstitutional to force people to pay for insurance, regardless of whether or not they want it, SCOTUS decided otherwise.
Chief Justice John Roberts, the swing vote, wrote that the individual mandate does not apply to the commerce clause, but stands under the taxing clause:
Chief Justice Roberts concluded …that the individual mandate must be construed as imposing a tax on those who do not have health insurance, if such a construction is reasonable.
The most straightforward reading of the individual mandate is that it commands individuals to purchase insurance. But, for the reasons explained, the Commerce Clause does not give Congress that power. It is therefore necessary to turn to the Government’s alternative argument: that the mandate may be upheld as within Congress’s power to “lay and collect Taxes.”
In summation, the majority opinion declared that the federal government does not have the constitutional power to force individuals to become active in commerce… [so] the individual mandate cannot be sustained.” However, the government does have the power to tax its people. Ironically, democrats originally denied that the mandate was a tax while rushing for its approval in 2010.
While the health care law is posed to support thousands of people across the nation that do not currently have insurance, it can now be declared as a new tax on the American people, set to start in 2014.
Apparently not everyone got the news, correct:
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