ONTD Political

Supreme Court Health Care Decision: Individual Mandate Survives

10:29 am - 06/28/2012
WASHINGTON -- The individual health insurance mandate is constitutional, the Supreme Court ruled Thursday, upholding the central provision of President Barack Obama's signature Affordable Care Act.
The 5-4 majority opinion, written by Chief Justice John Roberts, upheld the mandate as a tax, although concluded it was not valid as an exercise of Congress' commerce clause power. Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan joined in the majority.

The decision in Florida v. Department of Health and Human Services comes as something of a surprise after the generally hostile reception the law received during the six hours of oral arguments held over three days in March. But by siding with the court's four Democratic appointees, Chief Justice Roberts avoided the delegitimizing taint of politics that surrounds a party-line vote while passing Obamacare's fate back to the elected branches. GOP candidates and incumbents will surely spend the rest of the 2012 campaign season running against the Supreme Court and for repeal of the law.

The decision looks like a political compromise among the justices, letting the mandate stand without wading into the contentious question of whether the provision is a valid exercise of Congress' power to regulate interstate commerce. The majority concluded that the mandate, which requires virtually all Americans to obtain minimum health insurance coverage or pay a penalty, falls within Congress' power under the Constitution to "lay and collect taxes."

This is a developing story. Please check back for updates.

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chimbleysweep 28th-Jun-2012 09:10 pm (UTC)
lol and one of the gubernatorial candidates around here made striking down healthcare basically his only major issue.

lolololaahahahahaha AHahahahAHahaha ahaha lololollolol
zemi_chan 28th-Jun-2012 09:48 pm (UTC)
title or description

title or description

moonshaz 28th-Jun-2012 10:22 pm (UTC)
Dear Republicans:

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moonbladem 29th-Jun-2012 09:55 am (UTC)
Awwww you found a bigger version of the wee lil hedgehog! Can I steal it?

Edited at 2012-06-29 09:56 am (UTC)
corinn 28th-Jun-2012 10:38 pm (UTC)
27 People Who Think America Died Today (TW: Several instances of rape metaphors)

Personally dying at the one saying America has killed personal liberty so he's seriously considering taking an opportunity to move to China. PFFFFFFFFFFFT

But holy crap the people saying "the only choice left is armed revolution." WOW.
moonshaz 28th-Jun-2012 10:45 pm (UTC)
China?????? What the ACTUAL fuck.
serendipity_15 28th-Jun-2012 10:48 pm (UTC)
Ha, if he think the US government is too big and intrusive here just wait until he encounters China's government.
crossfire 29th-Jun-2012 12:24 am (UTC)
I got to #11 and gave up. I just can't with that level of ignorance.
pamuya 29th-Jun-2012 01:44 am (UTC)
yes, the obvious thing to do is to move to a communist country after the SCOTUS approves obamacare

i just can't at that logic.
roseofjuly 29th-Jun-2012 07:24 am (UTC)
CHINA

I think that's even better than the Canada ones. Especially since in addition to all of the personal liberty that you don't have there, China is actually going through healthcare reform of their own so they can cover all of their people.

And as a minor nitpick...The USSA doesn't even make sense. The United Soviet Socialist America? Would be UASR. I'm convinced that the people who spout the most about politics know the least about history and civics.

Edited at 2012-06-29 07:26 am (UTC)
dragonhawker 2nd-Jul-2012 04:46 pm (UTC)
But holy crap the people saying "the only choice left is armed revolution." WOW.

See, THAT is what I was expecting to hear in terms of right-wing flounces. None of this "moving to canada" stuff.
pennylane101 28th-Jun-2012 11:39 pm (UTC)
man i'm SO relived. and so very happy for you guys :D
sashafarce 29th-Jun-2012 12:18 am (UTC)
The test results and biopsies that I've spent thirteen months cobbling together from three reduced-cost clinics and the emergency room indicate that I have a rare-but-usually-benign tumor that evolves from a less-rare-but-precancerous condition. This ruling means that I will get to apply for PCIP and have the surgery or surgeries I need to handle this shit, and that in a year or two years or five I won't end up dead because of endometrial cancer.

If a person thinks that it's A-OK for myself and others like me to have little or no healthcare access and that our disabling or lifethreatening conditions are just a cost of liberty... fuck those motherfuckers.
dragonhawker 2nd-Jul-2012 04:47 pm (UTC)
This ruling means that I will get to apply for PCIP and have the surgery or surgeries I need to handle this shit, and that in a year or two years or five I won't end up dead because of endometrial cancer.

I'm so happy for you! *hugs*
a_lovesuicide 29th-Jun-2012 02:08 am (UTC)
Okay, so I'm kinda confused about the mandated healthcare part. I've been reading stuff about it, but I can't get it straightened out in my head. :/

So, basically, if you can't afford healthcare, they help you pay for it if you do want it? But if you can afford healthcare and don't get it, they charge you a fee? (What I'm understanding the fee is kind of like a tax to help pay for the healthcare for everyone overall?)

I've never had health insurance at all, so I honestly am out of the loop on how this stuff works. (And I'm worried too because I live in Mississippi, and our healthcare here from what I've seen if pretty crappy.)
kyakki 29th-Jun-2012 03:45 am (UTC)
"So, basically, if you can't afford healthcare, they help you pay for it if you do want it? But if you can afford healthcare and don't get it, they charge you a fee? (What I'm understanding the fee is kind of like a tax to help pay for the healthcare for everyone overall?)"

There are supposedly to be tax credits in place to help pay for it.

If you still can not afford it, they do not charge you. If you CAN afford insurance but do not want it, you have to pay to opt out.

Because insurance companies can no longer reject people based on pre-existing conditions, this ensures people do not just buy the insurance when they get sick.
londonaster 29th-Jun-2012 02:23 am (UTC)
Could someone explain the insurance covered birth control aspect? Google didn't really give a clear answer. Yeah my pill is free but does that mean my insurance is going to cost more? Because then it doesn't matter as much.
baked_goldfish 29th-Jun-2012 04:38 am (UTC)
It'll actually lower the insurer's costs. More people on BC = fewer pregnancies, and pregnancies cost waaaaaaaay more than a piddly little pill or an IUD or injection or whatever.

If your insurance goes up, it won't be because of the free birth control.
sodoesrachael 29th-Jun-2012 03:33 am (UTC)
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wrestlingdog 1st-Jul-2012 03:28 am (UTC)
LOL, that's depressingly accurate.
mypetconcubine 29th-Jun-2012 01:59 pm (UTC)
Happy it upheld!
wrestlingdog 1st-Jul-2012 03:27 am (UTC)
OK, so I haven't been online because I was abroad with no internet access, but seeing this first thing after I got home MAKES ME SO HAPPY OMG.
autumnleaving 1st-Jul-2012 03:33 am (UTC)
I'm still all over this like I am about the whole Tom/Katie* thing. This was a whammy of a week, y'all!

WOOOP! :)

*nope, no derailment meant, bbs. Been around ONTD + ONTD spawn too long to do something like that, but damn... what an end to an insane week!
jaded110 8th-Jul-2012 04:52 pm (UTC)
Photobucket

Otherwise.... YAY!!!!!!!!!!!

Edited at 2012-07-08 04:54 pm (UTC)
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