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SUPREME COURT RULES

Prairie Wind 2012/06/28 14:35:33

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UPDATES:

New Update - 02 July. 2012 - Roberts Switched Views To Uphold Health Care Law! http://www.sodahead.com/united-states/roberts-switched-views-...

New Update - 02 July, 2012 - Ruling Dissent to Chief Justice Roberts' Ruling by Justices Scalia, Kennedy, Thomas and Alito "We Cannot Rewrite the Statue to Be What It is Not". http://www.weeklystandard.com/keyword/Scalia

Update = Link added (Review or download the Robert's ruling)
http://www.foxnews.com/politics/interactive/2012/06/28/suprem...


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A divided Supreme Court upheld the constitutionality of the Obama administration's health-care law, in one of the most anticipated high-court rulings in a generation.

It upheld the mandate as a tax, in an opinion by Chief Justice John Roberts. The justices also found fault with part of the health-care law's expansion of Medicaid, a joint federal-state insurance program for the poor. The justices made some changes to the Medicaid portion of the law.

The court said Congress was acting within its powers under the Constitution when it required most Americans to carry health insurance or pay a penalty—the provision at the center of the two-year legal battle.

The ruling is a victory for Democrats and President Barack Obama, who had passed the biggest reworking to the health system since the creation of Medicare in the 1960s and faced the prospect of the court nullifying their effort. It also averts disruption for hospitals, doctors and employers who have spent more than two years preparing for changes in the law.

The states filed suit the day Mr. Obama signed the Patient Protection and Affordable Care Act in March 2010, and a cloud of uncertainty had hung over the law ever since. Lower courts issued conflicting rulings on whether the law's insurance mandate was constitutional.

Even as the law's fate was in doubt, the administration moved ahead with implementing its provisions. It has been negotiating with states to set up exchanges where consumers can buy subsidized insurance policies and sign up millions of lower-income Americans for Medicaid. Some states, including Florida and Texas, refused to cooperate because they expected the law to be overturned.

The exchanges are set to open in 2014, the same year insurers will have to accept all customers regardless of their medical histories. The insurance mandate will also take effect that year. People must show when they file tax returns for 2014 that they had coverage during that year or pay a tax penalty. The size of the penalty will rise over time and eventually reach a maximum of several thousand dollars a year.

Also starting in 2014, companies with more than 50 workers will have to pay penalties starting at $2,000 per employee if they didn't offer a set level of health benefits.

The law's challengers argued the federal government didn't have the constitutional power to compel Americans to obtain health insurance. They urged the Supreme Court to strike down the insurance requirement and void the rest of the health law along with it.

Although the law survived the court challenge, it faces an uncertain future. Republican presidential candidate Mitt Romney and GOP congressional leaders have pledged to repeal the law if they take control of Congress and the White House in November elections.

The court's decision, while a relief to Democrats, could further energize voters who dislike the law to back Republicans in November. And it forces the Obama administration to continue defending the unpopular insurance mandate.

On the other hand, the court's blessing could itself shape public opinion of the law, particularly among independents and undecided voters who view the justices as relatively free of the partisan agendas of the government's elected branches. Polls consistently show that the public places greater confidence in the Supreme Court than either Congress or the presidency, although the justices' approval ratings have slipped somewhat over the past year.

The Supreme Court reached its decision in the final week of its 2011-12 term, following an extraordinary three days of oral argument in late March at which conservative justices sharply questioned the mandate. Justice Antonin Scalia suggested that under the government's logic, Congress could require the purchase of any product and "you can make people buy broccoli."

Justice Anthony Kennedy, often the court's deciding vote, said the government faced a "heavy burden" but also suggested there might be justification for requiring people to carry health coverage so they wouldn't affect health costs for others.

The court's four liberal justices made clear they saw the health law as squarely within congressional authority over interstate commerce, and the nation had been in suspense for three months as the justices in their customary secrecy deliberated and drafted the opinion.

Implementation of the law has been uneven to date. Some changes—such as allowing young people up to age 26 to remain on their parents' plans—have taken effect smoothly and are popular with consumers. Insurers are also already covering preventive services without out-of-pocket costs, a proposal that is generally well-liked but has sparked a fight between the administration and the Catholic church over the inclusion of birth control in the benefits.

The administration has struggled with other early elements of the law, such as high-risk insurance pools designed to cover people with medical conditions until 2014. Thousands of companies have sought temporary waivers to the part of the law that prevents them from capping annual benefit payouts, saying that they would drop coverage otherwise.

The Obama administration and state agencies face considerable challenges to get the rest of the law in place within the next 18 months. Despite support for the consumer-friendly provisions, more Americans oppose the law than favor it, according to recent polls.

Mr. Obama is expected to emphasize the consumer provisions in his re-election effort. Republicans are likely to step up their attacks and stress that after the Supreme Court's decision, the only way to eliminate the unpopular individual mandate is to elect Republicans to the presidency and Congress.

Read More: http://online.wsj.com/article/SB100014240527023048...

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Top Opinion

  • Temlakos~POTL~PWCM~JLA~☆ 2012/06/28 14:49:43
    Temlakos~POTL~PWCM~JLA~☆
    +16
    Chief Justice Roberts has totally twisted the definitions of taxation and capitation tax, to find some way to justify this. He knows perfectly well that this does violence to the very concept of liberty. So he tried to excuse it on tax grounds.

    We need a debate on how to amend the Constitution to limit the power to tax.

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  • Prairie... Luke 2012/06/28 17:21:35 (edited)
    Prairie Wind
    That's the link to the opinion where you can download it too.

    http://www.foxnews.com/politi...

    This circumvents FoxNews and takes you directly to the Supreme Court ..

    http://www.supremecourt.gov/o...
  • John Hall Luke 2012/06/28 17:22:45
    John Hall
    +3
    I hope this is one of those screw ups that wake the people up and get them out to vote .
  • Luke John Hall 2012/06/28 17:30:01
  • Prairie... John Hall 2012/06/28 17:18:10
    Prairie Wind
    +4
    The reaction will be to defeat Obama.
  • John Hall Prairie... 2012/06/28 17:23:53
    John Hall
    +3
    Let's hope so .
  • Cindy64... Prairie... 2012/06/29 03:01:35
    Cindy64~AFCL
    +2
    oh hell yes The reaction will be indeed BIG TIME to defeat Obama!!!
  • Diane Spraggs Yates 2012/06/28 16:49:18
    Diane Spraggs Yates
    +8
    Taxed again when will it stop????
  • Clyde Diane S... 2012/06/28 17:31:11
    Clyde
    +7
    When you die, which will be greatly expedited by this tyrannical big government take over.
  • Hawkeye 2012/06/28 16:45:53
    Hawkeye
    +5
    They didn't DECIDE that the law WAS Constitutional.. They MADE the Law Constitutional.. The President and the Congress went through GREAT lengths to make the point that Obamacare had NOTHING to DO with Taxes.. What the Court did today was REDEFINE the definition of "Tax" to TAILOR the law to suit the COnstitution..

    Roberts,, in making a point that he was trying to avoid the APPEARANCE of Judicial Activism has ,, in FACT,, DEMOSTARTED perhaps the greatest example of Judical Activism seen in many a decade.... It's ALMOST as though he took Obama's THREATS to heart..

    Now.. HERE we are.. THIS is not the END of this issue.. It's ONLY the beginning but it's important to remember that this ruling goes FAR beyond the issue of Obamacare..

    The Supreme Court just handed the Government a Power that SO repulsed and agitated our Forefathers that they went to WAR and established a NEW nation over such powers..

    WE need not ONLY change the results of this ruling but the REASONING the it as well...

    MORE then EVER.. We MUST make our voices heard come November because it's NOW apparent that NOBODY'S listening now..

    As for today,, PLEASE join me in being CIVIL in defeat.. The American People have suffered a GREAT defeat here today.. A defeat that NO outsider has even come CLOSE to fostering...






    They didn't DECIDE that the law WAS Constitutional.. They MADE the Law Constitutional.. The President and the Congress went through GREAT lengths to make the point that Obamacare had NOTHING to DO with Taxes.. What the Court did today was REDEFINE the definition of "Tax" to TAILOR the law to suit the COnstitution..

    Roberts,, in making a point that he was trying to avoid the APPEARANCE of Judicial Activism has ,, in FACT,, DEMOSTARTED perhaps the greatest example of Judical Activism seen in many a decade.... It's ALMOST as though he took Obama's THREATS to heart..

    Now.. HERE we are.. THIS is not the END of this issue.. It's ONLY the beginning but it's important to remember that this ruling goes FAR beyond the issue of Obamacare..

    The Supreme Court just handed the Government a Power that SO repulsed and agitated our Forefathers that they went to WAR and established a NEW nation over such powers..

    WE need not ONLY change the results of this ruling but the REASONING the it as well...

    MORE then EVER.. We MUST make our voices heard come November because it's NOW apparent that NOBODY'S listening now..

    As for today,, PLEASE join me in being CIVIL in defeat.. The American People have suffered a GREAT defeat here today.. A defeat that NO outsider has even come CLOSE to fostering upon this great nation throughout it's history..

    Please JOIN me in rendering a salute to the victorious Obama and his Democrats all over this country by a show of respect that suits the nature of the times..

    Extend those arms and shout to the heavens,,,,


    Heil Obama..
    (more)
  • prosper... Hawkeye 2012/06/28 17:13:09
    prosperhappily
    +2
    i have no plans to attack anyone for their opinions on this issue.

    As for me, I believe that the supreme court sold us out. I no longer believe that the government has any integrity or honor. The American government (not the people) lost my loyalty today.
  • Hawkeye prosper... 2012/06/28 17:39:17
    Hawkeye
    +3
    I do not believe that recognizing this abomination of a ruling and it's effects fall into an "attack" posture.. I am NOT being over the top in recognizing and pointing out the usurption of Power by the Government that such a ruling represents..

    This is NOT the end of the world..

    The SOLUTION is as simple as it ALWAYS was.. it's TIME for the PEOPLE to get involved and it ALL starts come November..
  • prosper... Hawkeye 2012/06/28 17:48:38
    prosperhappily
    +3
    I'm sorry my comments came off as accusing you of attacking people or being over the top. That was not my intention. I was attempting to agree with you. Guess I didn't do a very good job.

    I'm a little shell shocked because I honestly expected at least a partial victory. And, when I went to CNN.com, it was announcing that the individual mandate had been struck down. (Way to botch the biggest story of the Decade CNN,)

    I will be voting GOP in Nov and working to overturn this. Just need a little time to get over the betrayal.
  • Hawkeye prosper... 2012/06/28 17:53:36
    Hawkeye
    +3
    I know EXATLY how you feel.. I am SHOCKED almost as much by the arguments rendered by Roberts as by the ruling itself..

    ONE thing that is clear though.. ALL of the moaning and groaning claims by the Left that THIS is a Conservative Court can NOW be laid to rest once and for all....

    And I believe that Obama might as well drop out of the race RIGHT now.. The American Public has ALWAYS been against Obamacare.. Granted the numbers,, once as high as 85% at the time Congress passed it,, has dropped to somewhere around 60% recently because of all the people who Obama put out of work but NOW that it turns out to be even MORE of something that Obama SWORE that it was not,, a TAX,, it will ONLY serve to ENERGIZE the people who want to SEE it REPEALED..
  • prosper... Hawkeye 2012/06/28 17:59:45
    prosperhappily
    +3
    I agree. Sorry, this country was founded on liberty. You can't take it away because you happen to word it correctly.

    i will work toward it's repeal. but, now I realize that I'm working against lying cheating bastards rather than people with perhaps a shred of integrity.
  • Hawkeye prosper... 2012/06/28 20:12:11
    Hawkeye
    +3
    The greartest threat to the freedoms and liberties of ANY people is their TRUST in the politicians they elect..

    SO it has always BEEN.. SO it shall ever be..
  • Clyde Hawkeye 2012/06/28 17:31:43
    Clyde
    +4
    Exactly right!.
  • Space I... Hawkeye 2012/06/28 20:00:09
    Space Invader
    +3
    "Make sure the robes you wear are short; that way it's not easy to hang you with them"..Charlie Fletcher..1878...Awful long robes they be a wearing..just saying..
  • Prairie... Hawkeye 2012/06/29 21:03:28
    Prairie Wind
    Robert's decision represents the illustration of the difference between a Republic and a pure Democracy.

    Whereas, under a Republic, everybody has certain inalienable rights with the rest being voted upon. Under a pure Democracy, it will depend upon the party in power. In other words, a pure Democracy is two wolves and a sheep voting upon what's for lunch.

    Looks like either lamb chops or mutton are the only items on any menu now.
  • Hawkeye Prairie... 2012/06/29 21:19:43
    Hawkeye
    +2
    Except that the PEOPLE never voted directly for Obamacare ..
  • Prairie... Hawkeye 2012/06/29 21:26:11
    Prairie Wind
    I agree and that's why Robert's decision is so signigicant. This ruling legitimizes taxes on negative actions. Before this they taxed on income and financial activity, now it's taxing you on not doing something.

    This is your long term chaos. The short term chaos is throwing the borders open and giving all "free" health care, but the reality is that the health care is not free.

    The precedence is that regardless of whatever administration is in there, the anarchists just got a free gift and you have continual division of everything including people and country, because it will not depend upon the Constitituion, Rule of Law and Equality under the Law, but upon whose party gets in at any time.

    It doesn't matter that we didn't vote for it, because the Constitution has been totally circumvented and whomever is in office can do what they want. This is what's scary!
  • Prairie... Hawkeye 2012/06/30 03:01:34 (edited)
    Prairie Wind
    Preciously and the only way Obamacare will be repealed is by not voting him back in offfice.

    However, that is the lessor problem. Robert's action paved the way to totally circumvent having to ask us what our opinions are. We no longer have to be asked by our government and that's the long term problem.

    Our Constititution will have to be amended to reverse Justice Roberts' decision for us to re-establish this nation as the preceeding Republic, rather than now continue as a Democracy. Remember what Benjamin Franklin stated, "A Republic, if you can keep it"

  • Space Invader 2012/06/28 16:37:12
    Space Invader
    +8
    So it was a TAX like we said all alone; the largest TAX increase in American History..
  • Hawkeye Space I... 2012/06/28 16:49:22
    Hawkeye
    +1
    I have always maintained that it ISN'T a tax..

    IF "A" buys something from "B" and a portion of the purchase price goes to the Government,, THAT is a TAX..

    To FORCE "A" to buy from "B" under THREATS from the Government is NOT a TAX,, It's a violation of the very fundamentals of Freedom and Liberty..
  • Magnus ☮ RP ☮ 2012 ☮ 2012/06/28 16:35:02
  • Luke 2012/06/28 16:32:56
  • GUAPO~LMAO!~ 2012/06/28 16:31:08
    GUAPO~LMAO!~
    +8
    Obama LIED again!!! He said that it was NOT A TAX and the supreme court ruled it a TAX!!!

    liar obama
  • Cindy64... GUAPO~L... 2012/06/29 03:04:56
    Cindy64~AFCL
    +2
    Yep just like Obama does LIE 24/7 and he will NEVER stop the LIES!!! obama lies obama lies obama lies obama lies https://www.louisville.com/fi...
  • heirsoftheking 2012/06/28 16:24:13
    heirsoftheking
    +5
    Just what NOBODY needs: A whopper of a TAX INCREASE!

    And if your employer covers you on a group health insurance plan, they will either:

    1. Dump you from the insurance plan.
    2. Make you pay major increases in your portion of the insurance premium.
    3. Decrease your pay (as a way to cover the increase in premium costs.)
    4. Any combination of the above.

    A sick day for America! Sick! Sick! SICK!
  • Luke heirsof... 2012/06/28 16:35:23
    Luke
    +4
    I'm ill already hearing the news.....
  • prosper... Luke 2012/06/28 17:15:04
    prosperhappily
    +3
    As i said above, the American Government lost my loyalty today. I still love the people. But, I no longer have any belief in the government.
  • Luke prosper... 2012/06/28 17:17:05 (edited)
    Luke
    +2
    it is not for the people anymore but for themselves.....they ALL need to be voted to the street ...kick out all the incumbents!!!!!!
  • prosper... Luke 2012/06/28 17:19:27
    prosperhappily
    And vote in 3rd party candidates. No more duopoly.
  • Hawkeye heirsof... 2012/06/28 16:54:53
    Hawkeye
    +2
    Do not think that THIS wasn't part of the plan all along.. ALL private concerns in Healthcare will be DRIVEN out of the industry BY Obamacare and the Government will be "FORCED" the "Take Over" the entire thing.. WHY do you THINK the Democrats gave UP on single payer so easilly?? It's ONLY a matter of TIME before we have it anyway..
  • Contarded Chickenhawk Con S... 2012/06/28 16:23:58
    Contarded Chickenhawk Con Slayer
    +4
    LOL I love it...

    I knew the depressed would be somewhere here in SH world... LMAO!



    Hey Obama been singing this song for the last hour!
  • *Mahoga... Contard... 2012/06/28 16:30:12
    *Mahogany Goddess of P.H.A.E.T
    +4
    ROTFLMFAO!!!

    Raved for humor.
  • Contard... *Mahoga... 2012/06/28 16:43:54
  • Allbiz ... Contard... 2012/06/28 16:31:37
    Allbiz - PWCM - JLA
    +5
    Do you think the day will ever come when you have something intelligent to say?
  • Contard... Allbiz ... 2012/06/28 16:44:43
    Contarded Chickenhawk Con Slayer
    +1
    It came and past....

    LMAO!

    Say my name, say my name...
  • Allbiz ... Contard... 2012/06/29 02:09:47
    Allbiz - PWCM - JLA
    If it came and passed (not past) the entire universe missed it.

    I guess that makes your name............Just Another Useful Idiot.
  • Contard... Allbiz ... 2012/06/29 03:27:34
    Contarded Chickenhawk Con Slayer
    Yea... at least I a conservative that's mentally challenged.. And your my mentor...

    Thanks Senior Contarded...

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