The Supreme Court has upheld the Patient Protection and Affordable Care Act.
In its most hotly anticipated decision of the session, the Court decided to uphold the individual mandate provision of the health care reform law.
The biggest issue was the constitutionality of the individual mandate, which requires all Americans to purchase health insurance or pay a penalty. Also at issue was the expansion of Medicaid. The Act increases federal aid to the states for Medicaid, but puts their current funding at risk if states fail to comply with the new requirements.
With Chief Justice John Roberts siding with the majority, the individual mandate survives as a tax. Without it, the rest of the law was considered unworkable, due to the reliance on the individual mandate to finance it.
“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,” said the court. “This is sufficient to sustain it.”
15 Comments
Roberts edited the law he was judging in order for it to pass. Nobody ever claimed that the penalty was a "tax". He wrote that into the ACA all by himself.
Posted by: colin@colincoopercpa.com | June 29, 2012 4:34 PM
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ObamaCare is just a a way the government, Dem and Rep. can raise taxes/revenue to pay for their huge overspending that created our debt and path to bankruptcy. I never saw and I don't now see any "jumping and jiving" from McConnel and Boehner, and the boys and girls in DC coming up with a plan to fix the problem, nor make all government employees and officials join in the plan.
Posted by: oswald17 | June 29, 2012 12:02 PM
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Nice comments from the right. Now one from the middle. I'm thrilled that the jerk crashing his motorcycle into a tree, without wearing a helmet, will now be paying for a small portion, in one way or another, for his medical care that we are all presently paying for.
It ain't perfect, but maybe it's a start.
Posted by: topbeancounter | June 29, 2012 10:58 AM
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What about illegals who don't pay taxes, will coverage be provided? Will the Unions be contributing or only the companies they hold hostage? How much will the government employees be contributing to the plans or are they in a 'special' category?
Posted by: ThinkAhead | June 29, 2012 9:09 AM
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How can someone afford health care if they do not have the money? What happens, do they go to jail,or get a pass card until their income tax is filed, then the IRS snags it! AKA - TAXES - This is all about control, nothing about the people. Remember Orwells' 1984 "Big Brother is Watching"!
Posted by: StAlice | June 29, 2012 8:08 AM
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"We are already paying for those who can't or won't afford health care, now they have to participate."
Why? Won't they just refuse to pay the tax? Are you for sending them to jail?
Posted by: bruce.bell@aon.ca | June 28, 2012 2:52 PM
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When Congress removed the "public option" provisions from the legislation, they conceded total control of pricing health care services for consumers to the health insurance industry. It has some similarities to major league baseball before the "Curt Flood - St. Louis Cardinals" court case - players (aka health care consumers) are at the mercy of the system regarding how they must personally finance their health care costs. There will be government subsidies for low or no income consumers but the middle class will get clobbered again since they won't have subsidies and they won't have any leverage on pricing of health care - as if we have much of a middle class left of clobber thanks to jobs lost since George W Bush took office in 2001 along with tax cuts that rewarded only the wealthy. This will continue our downward spiral as a country - we are looking more like Brazil every day - a class of wealth oblivious to the situation and the rest who will struggle just to survive day to day.
Posted by: DukeUgrad | June 28, 2012 2:06 PM
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Obamacare will not be affordable but at least the court named it for what it is. 'A LARGE TAX INCREASE'
Posted by: arlf | June 28, 2012 12:13 PM
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Finally, a moment of sanity. We are already paying for those who can't or won't afford health care, now they have to participate.
Who was it that thought, "Health care could be distributed equitably by Adam Smith". The market place at the moment of decision does not exist. Just as the TVA put sanity into the public utility greed oriented industry so won't a "public option" effect the Market place positively.
While we are at it, a bit of Anti-trust law on Insurance Companies will stop them talk in back rooms to control the market.
Finally, Doctors and Hospitals are businesses, why is that when I ask "How much for those services?" They say "Who's your insurance carrier?" Post you prices for service just like other business do so we can shop,...That's Adam Smith at working.
Posted by: Duster24 | June 28, 2012 12:00 PM
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Don't forget! Referendum on ObamaCare. Nov. 6 At a polling place near you.
Posted by: EnrolledAgent | June 28, 2012 11:52 AM
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Obamacare a dictatorship? Please! It was proposed by the executive branch, enacted by the legislative branch, and approved by the judicial branch, including a conservative majority on the Supreme Court. Nothing could be more consistent with democracy. Just because you didn't like how it turned out doesn't mean you are excused from dealing in actual facts!
Posted by: bbrough | June 28, 2012 11:27 AM
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I would have a lot more sympathy for the Obamacare haters if they were willing to give up their own health care insurance for themselves and their families.
Please don't confuse "principles" with greed and a lack of compassion. Admit to your social Darwinist agenda -- as Scrooge pointed out the less fortunate should just die and decrease the surplus population.
Posted by: HobbitGirl | June 28, 2012 11:18 AM
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So now we live in a defacto dictatorship OBAMACARE must be repealed NOW!!!!!!!!!
Posted by: hjgil510jr@yahoo.com | June 28, 2012 10:41 AM
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What a crock!
Posted by: bjacpa | June 28, 2012 10:38 AM
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Something is very wrong with this decision. President Obama has stated emphatically that the health care mandate is NOT at tax. To be consist he needs to come out and oppose this Supreme Court decision. But don't hold your breath waiting for this to happen.
See this link for Obama's statement on this:
http://townhall.com/video/obama-health-care-is-not-a-tax-increase
Posted by: milford71 | June 28, 2012 10:29 AM
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