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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lizzy_someone 29th-Jun-2012 05:49 am (UTC)
All of this, and also, I'm afraid of a guy who five witnesses independently report committing a hate crime as a (legal) adult, and who then claimed not to remember it.
delphshadow 30th-Jun-2012 03:42 am (UTC)
Five of those heard it secondhand and as I recall, the alleged victim's family was pretty pissed that he was dragged into a campaign and used as a political tool. Which sort of makes me think that if this alleged assault was true, it didn't bother him or his family enough to want to use it to advertise that Romney is a horrible person.
lizzy_someone 30th-Jun-2012 04:57 am (UTC)
If the assault were not true, Romney would have been like, "These accusations are absolutely false. I did not do that, I would never do that, I am sickened by the very thought of doing that. I am profoundly hurt and insulted that anyone would believe me capable of that." There is no reason to go through this whole "well uh I don't remember doing that but, you know, I was a prankster ha ha ha and if -- if! -- I ever offended anyone then whoops, sorry" song and dance if he really believed he didn't do it.

And god knows what the victim's family is like, they might be Republicans, they might have been embarrassed that their son was gay/effeminate/bullied, whatever. Or they might value their privacy and simply not want to get involved in the whole demeaning, bloodthirsty, extremely public charade that is a presidential campaign, which I certainly wouldn't blame them for but which does not exonerate Romney. I don't care if the victim's family doesn't think Romney is a horrible person. I don't even care if the victim didn't think Romney was a horrible person (though I doubt very much that that was the case). Plenty of survivors of abuse and assault don't fully recognize how wrong it was for their attackers to attack them (and people like you, who make excuses for bullies and abusers, help reinforce the kind of culture that leads victims to believe their assault wasn't that bad). The fact remains that anyone who would physically assault someone and forcibly cut off their hair as the victim cried in terror, and then either lie about remembering it or actually care so little that they genuinely don't remember it, is a horrible person.
delphshadow 30th-Jun-2012 04:04 pm (UTC)
To be honest, I'd have been absolutely floored if Romney HAD remembered the incident. The alleged incident took place when he was 18; he is now about 65. Why does anyone seriously expect him to remember something that, if it even happened, occurred nearly fifty years ago? High school was only ten years ago for me and I only remember it in extremely vague terms because even the most important things that I did and were done to me were of only momentary importance. If your hypothesis is true and Mitt Romney is a bad person, he wouldn't remember it because he wouldn't care enough to. If your hypothesis is false and the incident never happened, there's nothing for him to remember. Either way, there's no rational reason to expect him to remember it and thus, your proposed statement would be a falsehood. Not that that normally matters to politicians but if Romney honestly doesn't remember and says that he does not, I appreciate a rare show of honesty from a politician.

That's quite a list of rationalizations you have there; only the "want to avoid the vulture media" enjoys the credibility of simplicity. The fact remains that the only reason the story about Romney is credible is that people are desperate to find a skeleton in Romney's closet and this allegation by way of fuzzy secondhand memories is the best chance there is to create a narrative of Romney having serious moral flaws. If it happened, there's no excuse for it (your vivid imaginings of excuses being made for abuse notwithstanding) but the most likely scenario is that it didn't happen and Romney's critics desperately wish it did.
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