A few thoughts on today's Obamacare decision
By TigerHawk at 6/28/2012 11:05:00 AM
For those of you who have time for a deep dive, here's the link to the Supreme Court's opinions regarding the Affordable Care Act, which was upheld today in a decision that saw Chief Justice Roberts "switch" to the liberal wing to sustain the individual mandate as a tax. I have not read the opinions, but that does not mean that I do not have opinions.
The short version is that there were not five votes to sustain the ACA's "individual mandate" under the Commerce Power, but -- thanks to the Chief Justice -- there were five votes to conclude that the penalties for violating the mandate are a "tax" under the Taxing Power.
Naturally, I have a few quick opinions.
In bailing President Obama out on the law itself, the Court has effectively declared that in pushing through the ACA Obama broke his pledge not to raise taxes on the middle class. Not to mention that our "constitutional law professor" of a president was profoundly wrong, or profoundly disingenuous, in his own constitutional interpretation. The GOP is already making the point.
The "mandate tax" will fall disproportionately on young people who do not usually need health care insurance. Once again, we are throwing people born after 1980 under the bus in favor of people born before 1965. I wonder how long the young folks will put up with that?
At the end of the year, and probably in to next year, we will face a huge fight over the "Taxmageddon fiscal cliff" that is already docketed for January 1, 2013, thanks to the expiration of the "Bush tax cuts," the new taxes under the ACA, and the mandated spending cuts from last year's debt ceiling deal. There is going to be a massive fight in the lame duck session, and if Mitt Romney wins it will probably continue well after inauguration day. Will the GOP throw the "mandate tax" on the table during the lame-duck session, just to drive the Democrats insane? You betcha.
Still, expectations after the oral argument were such that today's decision is nothing more than a huge victory for Barack Obama, both politically and historically. It will help his campaign's credibility, and raise the spirits of his own supporters. That's it for now. Release the hounds.
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