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OT: SC upholds individual mandate

  • but as a tax and not under the commerce clause.

    So could a Republican congress and president repeal the tax? If so, would the individual mandate still be in force.

    Shockingly, Chief Justice Roberts joins in with the majority.

    ohshiza

  • Very surprising. So now it's a tax...for living? Seems like an odd decision since the Feds kept claiming it wasn't a tax...like the SCOTUS came up with what it "should've" been called. Oh well, will be interesting to see which side gets more fired up about this decision.

    Brazos

  • have to think Romney feels energized - may very well win the election for him

    ohshiza

  • ohshiza said...

    but as a tax and not under the commerce clause.

    So could a Republican congress and president repeal the tax? If so, would the individual mandate still be in force.

    Shockingly, Chief Justice Roberts joins in with the majority.

    It would seem that the repeal of the tax and the individual mandate would have to go hand-in-hand.

    Chief Justice Roberts is probably going to get hammered for this from the right...while I'm no lawyer, the ruling, at least on its face, seems reasonable. The federal government has been forcing "benefits" on us while also forcing at least a portion of their related costs (in the form of taxes) on us for a long time...sounds pretty much like what's going on with ObamaCare.

    boxster

  • boxster said...

    It would seem that the repeal of the tax and the individual mandate would have to go hand-in-hand.

    Chief Justice Roberts is probably going to get hammered for this from the right...while I'm no lawyer, the ruling, at least on its face, seems reasonable. The federal government has been forcing "benefits" on us while also forcing at least a portion of their related costs (in the form of taxes) on us for a long time...sounds pretty much like what's going on with ObamaCare.

    If you're into the government controlling every aspect of you and your families life then i suppose it's a "reasonable" decision.

    Personally, I'd like to have the option to buy insurance or not, have certain procedures or not, have the ability to choose my doctor and the ability to make healthcare decisions on behalf of my family. Others want the government to make those decisions for them.

    If the government has the power to force you to purchase healthcare and choose your doctor for you, they have the ability to deny you healthcare as well.

    We have a roadmap (Europe) right in our face yet we are blindly skipping merrily down the same path to destruction and failure.

    CentexBear

  • To me, the worst thing about this is what is what wasn't being discussed as much which are the so-called 'fines' for employers who don't insure their employees. This is the lynchpin of how the law is a) designed to fail and b) designed to destroy the employer based health care system. Starting in a couple of years, employers who do not insure their employees will be fined by the government. However, the fine is so small that it will encourage any owner or board of directors to simply dump employee health care and pay the fine instead---saving lots of money in the process (the $2k or $3k fine vs. paying $7k or $8k for the coverage. Pay the fine, dump the employees...with a roadmap designed by the government.

    So, most employees will be sent into the public exchanges---which is where many of the designers of Obamacare (many of whom want Single Payer-Canadian style health care)----want people to have to go. If something isn't done quickly, that's the end game here IMHO.

    BearVerdad

  • CentexBear said...

    We have a roadmap (Europe) right in our face yet we are blindly skipping merrily down the same path to destruction and failure.

    this is the part that's so baffling to me. it's not like this is a plan that's just in the concept stage. other places have tried it (Europe, Canada, hell even Hawaii has a similar plan from what i'm told), and it's a complete train wreck at all of them.

    ryanmetz

  • As a lobbyist against this bill, I can tell you that there will be a lot of people claiming victory today but someone that is in the weeds fixing to emerge is Romney. All of those people who had their voices heard and were vehemently against this law in 2010 will be reignited. In 2010 we saw one of the biggest shifts on the Hill since the FDR administration. This could really fire up the Republican base and get people behind Romney that weren't there before.

    signature image signature image signature image

    Bear15

  • Congratulations to President Obama. The first president in modern U.S. history to pass meaningful constitutional health care reform. Now we've almost caught up to every other industrialized country in the world in that realm. Now if we can just dump an incredible amount of money into the educational system so we can stop depriving America's youth of the knowledge needed to compete globally.

    Flame on. :)

    Cheshire Bear

  • Cheshire Bear said...

    Congratulations to President Obama. The first president in modern U.S. history to pass meaningful constitutional health care reform. Now we've almost caught up to every other industrialized country in the world in that realm. Now if we can just dump an incredible amount of money into the educational system so we can stop depriving America's youth of the knowledge needed to compete globally.

    Flame on. :)

    No flame, you are entitled to your opinion.

    signature image signature image signature image

    Bear15

  • Cheshire Bear said...

    Congratulations to President Obama. The first president in modern U.S. history to pass meaningful constitutional health care reform. Now we've almost caught up to every other industrialized country in the world in that realm. Now if we can just dump an incredible amount of money into the educational system so we can stop depriving America's youth of the knowledge needed to compete globally.

    Flame on. :)

    We spend more per student than anyone. At this point it is more about HOW that money is applied rather than throwing more at it.

    S11

  • I wouldn't call Europe a model to follow by any stretch of the imagination.

    This is part of the problem with liberal thinking. The ideal is king, whether it works or not. Just make it happen so you can say you've done it.

    Yes, we want people to have quality health care, but just doing it to just say you did it isn't the answer. There has to be a better way.

    I watched an investigative report about endangered African species being hunted on Texas ranches. The operation was actually saving the species and growing their numbers. Opponents of it were so against it just because it involved hunting and they couldn't accept or even entertain the idea that hunting was actually achieving conservation. It flew in the face of their preconceptions. The lade who was suing over it was asked repeatedly if she'd rather they be extinct, and she just said she didn't want them hunted in Texas.

    The ideal gets in the way of real discussions. Just like treehuggers who refuse to understand the necessity of burning to prevent forest fires. They can't reconcile ideas that, in their minds, are diametrically opposed to one another.

    I like you Chesh, but your post just sounds like the run of the mill, naive youthful rants flamed by MTV.

    Obamacare is not the answer. It's just an action, and that is enough for liberals. It's the pomp and circumstance. They can't be bothered with whether it will work. They don't care if it works, they just want to say that technically, everyone is covered. Quality coverage? Most likely not.

    Pro Ecclesia, Pro Mundus

    bugramps

  • The scary part for me is if the government can force you to purchase health insurance, what else will the government force us to do or purchase and call it a tax.

    I was hoping Obamacare would be struck down and then work on real health insurance reform. I agree reform is needed and would be difficult to do with such a strong lobby, but this is not the answer. I wish state borders were opened and we could just purchase health insurance from companies in other states.

    Health insurance rates will skyrocket - mainly because they have a reason to do so. We were told in 2010 after our rates doubled that this was due to the new legislation, even though it wasn't in force. So even if repealed, I have a bad feeling that my rates will still be extremely high. Just like baggage charges from airliners. When gas goes down, the baggage fees remain in place.

    ohshiza

  • ohshiza said...

    ...Just like baggage charges from airliners. When gas goes down, the baggage fees remain in place.

    yep, you condition the public to a new norm.

    ryanmetz

  • The fact that Roberts joined the majority shows just how reasonable the ruling is and how important this change is as a first step in the big picture of fixing a seriously broken system.

    procombat

  • Cheshire Bear said...

    Congratulations to President Obama. The first president in modern U.S. history to pass meaningful constitutional health care reform. Now we've almost caught up to every other industrialized country in the world in that realm. Now if we can just dump an incredible amount of money into the educational system so we can stop depriving America's youth of the knowledge needed to compete globally.

    Flame on. :)

    you should receive a short term ban for this post

    muddybrazos

  • The only thing I know for sure is that I pay $1000/month for crappy insurance coverage. I had a vasectomy last year and my % out of pocket was more than my younger brother that had no insurance at all.

    I Needed to get an MRI on a growth and decided against it because my out of pocket was $1100, so now I'm gambling my long term health.

    IMO, this decision on the surface is oing to make it worse.

    But hey, all the dead beats and illegals will be able to score pain meds.

    bahamabear

  • procombat said...

    The fact that Roberts joined the majority shows just how reasonable the ruling is and how important this change is as a first step in the big picture of fixing a seriously broken system.

    i dont think anyone's arguing that the system isn't broken. the issue is replacing a broken system with an even more broken system.

    ryanmetz

  • I wrote this post on Facebook and I'm going to cross-post it here. I don't think this is inflammatory and I'm certainly not trying to piss anyone off, but I'm genuinely curious about others thoughts.

    Attached is a video where POTUS flatly denies that the individual mandate is a tax. He cites the fact that nobody claims car insurance is a tax even though people are forced to purchase it (which is logically false because driving a car is not a right, but I do think breathing is...and if you breathe, you now must pay for health insurance). He further refutes Stephanopoulos when he reads the definition of the word "tax", and then goes ad hominem, saying he's "stretching," but provides no further proof or logical argument.

    Furthermore, a cornerstone of Obama's entire campaign has been the fact that he has claimed he will NOT raise taxes on people making less than $250,000.

    Today, SCOTUS rules that the individual mandate is, at it's core, constitutional. However, they DENY the notion that it is covered under the Commerce clause, and say, outright, that it is a tax.

    So, in summary, I think a few things:

    1.) Obama is either lying through his teeth about the fact that it's a tax and he knows it's a tax, or he's too stupid to understand what a tax is. Since I don't believe the latter, the clear answer is the former. People don't like liars.

    2.) You can bet your last dollar that Republicans are going to seize on the fact that this IS, as defined by SCOTUS, a tax. If they are intelligent (remains to be seen), they will pound on this ad nauseum. Clearly, this is a strike at the heart of the statement that Obama won't raise taxes on those making <$250K.

    3.) POTUS may have won this battle, but I think this puts Romney in one helluva position to win the war. People aren't going to like that they've been lied to about this, and they aren't going to like the decline in the economy over this decision. They aren't going to like not being able to get hired for a job because companies freeze headcount and even begin to lay people off due to the amount of money they have to spend to come into compliance.

    Thoughts?

    http://www.youtube.com/watch?v=bg-ofjXrXio&feature=youtu.be

    RebelT

  • another step toward our becoming Greece. keep going at this pace, capitalism/ free enterprise are doomed. we need Republican victories across the board in November.

    toughbear

  • Cheshire Bear said...

    Congratulations to President Obama. The first president in modern U.S. history to pass meaningful constitutional health care reform. Now we've almost caught up to every other industrialized country in the world in that realm. Now if we can just dump an incredible amount of money into the educational system so we can stop depriving America's youth of the knowledge needed to compete globally.

    Flame on. :)

    The problem with health care is that we aren't getting anything close to the bang for the buck that other industrialized or developed countries do. Take a look at the articles that came out just a few months ago about the former head of the American Cancer Society and the book he had written about how much money we're throwing down the drain in the medical care field without corresponding benefits.

    About 18% of our GDP is spent on health care and we're 50th in the world in life expectancy. That cannot continue to occur if we're to remain competitive and leave the companies bearing the burden with enough cash to innovate and invest in development. The major impediments to improved health and logevity in our country aren't affordable health care or insurance, but a willingness to stop smoking, drinking, doping and sitting on the couch wolfing down a full bag of potato chips.

    If you want to congratulate him for further fueling an out of control fire be my guest.

    1713Baylor

  • I have lived primarily in England for the past 13 months. Believe me when I say their healthcare system is horrible. The English are compliant in many ways accepting their fate - the stiff upper lip. There are horror stories in the paper every day. They can't get medicines we do. The so called "death panels" do exist - a committee makes decision on elderly people and what treatment they can get based on their quality of life. There is neglect, shortage of staff and just poor care. I can go on.

    Obamacare is a terrible piece of legislation. If that is the best we can do we live in a sorry country. Some of you like Cheshire may like "comprehensive healthcare reform" but when you understand what this is going to do to small business, the growth of the government, the decline of our healthcare system you won't like it so much.

    As for the republicans - I blame them the most. Our country has needed major healthcare reform for many years and they continue to do nothing.

    My great grandfather was a Dr. as was my grandfather and father. I am the first generation in four generations not to be a physician. My father, God rest his soul, knew this day was coming and encouraged me not to get into medicine.

    BUMAD

  • I am in idealist, definitely. I'm too cynical to stick with either party though. I don't believe my vote counts at all so I'm certainly not going to go out of my way to support any of these guys. The things I do support though are ideas. The idea that we have a responsibility to help take care of our brothers and sisters, the idea that caring for others and protecting profit shouldn't be balanced. I might be wrong, I don't know. That's just the way that I feel. I see a lot of conservatives say that if we went to a universal model or single-payer model that doctors wouldn't be as motivated to give quality care to patients. I think that's more of an indictment on the climate we live in. Doctors should be motivated by helping others and doing good in people's lives. Again, I really don't mean to be preachy. I just think that we live in a dog eat dog world where people are very focused on themselves. It's easy to forget that we all live on the same planet, occupy the same space. You can't really put a price tag on caring for others to me. Yes, it's expensive. No, it's not going to be easy. But they're people and that should be the priority above all. I know this reads like a hippy manifesto and a lot of people are quietly rolling their eyes or getting ready to type a scathing criticism of my thought process. I just think someone has to say it.

    Cheshire Bear

  • RebelT said...

    I wrote this post on Facebook and I'm going to cross-post it here. I don't think this is inflammatory and I'm certainly not trying to piss anyone off, but I'm genuinely curious about others thoughts.

    Attached is a video where POTUS flatly denies that the individual mandate is a tax. He cites the fact that nobody claims car insurance is a tax even though people are forced to purchase it (which is logically false because driving a car is not a right, but I do think breathing is...and if you breathe, you now must pay for health insurance). He further refutes Stephanopoulos when he reads the definition of the word "tax", and then goes ad hominem, saying he's "stretching," but provides no further proof or logical argument.

    Furthermore, a cornerstone of Obama's entire campaign has been the fact that he has claimed he will NOT raise taxes on people making less than $250,000.

    Today, SCOTUS rules that the individual mandate is, at it's core, constitutional. However, they DENY the notion that it is covered under the Commerce clause, and say, outright, that it is a tax.

    So, in summary, I think a few things:

    1.) Obama is either lying through his teeth about the fact that it's a tax and he knows it's a tax, or he's too stupid to understand what a tax is. Since I don't believe the latter, the clear answer is the former. People don't like liars.

    2.) You can bet your last dollar that Republicans are going to seize on the fact that this IS, as defined by SCOTUS, a tax. If they are intelligent (remains to be seen), they will pound on this ad nauseum. Clearly, this is a strike at the heart of the statement that Obama won't raise taxes on those making <$250K.

    3.) POTUS may have won this battle, but I think this puts Romney in one helluva position to win the war. People aren't going to like that they've been lied to about this, and they aren't going to like the decline in the economy over this decision. They aren't going to like not being able to get hired for a job because companies freeze headcount and even begin to lay people off due to the amount of money they have to spend to come into compliance.

    Thoughts?

    http://www.youtube.com/watch?v=bg-ofjXrXio&feature=youtu.be

    i think you make 3 very good points. i also think that Obama's comments about this TAX removing other people's healthcare burdens from us is completely false. those of us paying the tax are supporting all of those that are on some sort of entitlement program (welfare), who aren't paying taxes. said burden isn't being removed it's just being shifted a different way.

    ryanmetz

  • Cheshire Bear said...

    I am in idealist, definitely. I'm too cynical to stick with either party though. I don't believe my vote counts at all so I'm certainly not going to go out of my way to support any of these guys. The things I do support though are ideas. The idea that we have a responsibility to help take care of our brothers and sisters, the idea that caring for others and protecting profit shouldn't be balanced. I might be wrong, I don't know. That's just the way that I feel. I see a lot of conservatives say that if we went to a universal model or single-payer model that doctors wouldn't be as motivated to give quality care to patients. I think that's more of an indictment on the climate we live in. Doctors should be motivated by helping others and doing good in people's lives. Again, I really don't mean to be preachy. I just think that we live in a dog eat dog world where people are very focused on themselves. It's easy to forget that we all live on the same planet, occupy the same space. You can't really put a price tag on caring for others to me. Yes, it's expensive. No, it's not going to be easy. But they're people and that should be the priority above all. I know this reads like a hippy manifesto and a lot of people are quietly rolling their eyes or getting ready to type a scathing criticism of my thought process. I just think someone has to say it.

    I think this type of thought process is a large part of what's wrong with the world today. People want and demand certain things, but they don't understand or care about the real-world, practical business implications of what they want and demand. There are very few people out there who don't want what's best for people as a whole, but unfortunately there is a price on everything we do, whether that's in money or time, and there's just no way around that.

    RebelT