Supreme Court Upholds Obamacare


Photo: LaDawna Howard/Flickr

It was a close ruling, but a 5 to 4 decision by the Supreme Court upheld the individual mandate, the key part of the Affordable Care Act, or more popularly known as Obamacare.

Tom Curry of NBC Politics wrote:

The majority opinion was written by Chief Justice John Roberts, who held that the law was a valid exercise of Congress’s power to tax.

Roberts re-framed the debate over health care as a debate over increasing taxes. Congress, he said, is “increasing taxes” on those who choose to go uninsured. [...]

The law, Roberts wrote, “makes going without insurance just another thing the Government taxes, like buying gasoline or earning income. And if the mandate is in effect just a tax hike on certain taxpayers who do not have health insurance, it may be within Congress’s constitutional power to tax.”

What do you think? Does Obamacare spell doom for the country or will it become just another Women's Suffrage/Medicare/Social Security/Desegregation - all of which were controversial way back when.

Ok. A Challenge to Those Opposed to "Obamacare" on the pretext that nothing should be free.

For the next year, try living on $1450 a month.

Cancel your current healthcare and resolve that no matter what, you'll only spend $1450 a month.
Because that is the federal minimum wage, at 50 hours a week (we will assume that you are a hard worker and be happy to work overtime for a chance at some extra cash), and you can even keep the significant portion that the government would normally take each week. During that 1 year period, you MUST visit either a doctor or dentist, and pay out of pocket (remember, you have to give up your current healthcare plan).

I'll go out on a limb and say that none of you will be willing to try this social experiment. A shame, really.

It is very easy to say, "Let them eat cake."

In every economy, there are "haves and have-nots", without this dynamic, you can't have a viable system - some people HAVE to be poor so others may be rich. The rich often forget that without the labors of the poor, they wouldn't enjoy the lifestyle that has made them sassy and fat. Remember the lessons of the past - when the rich become too contemptuous of the poor, the poor even the playing field, often violently...
Abusive comment hidden. (Show it anyway.)
"Rooboy, in case you hadn’t noticed, when world leaders from other nations need the best treatment, they come to the USA."

That works great for world leaders. They can afford it. If everyone simply existed for the sake of the elite few, the USA would be another Libya or Iraq.

Sadly, the whole idea of having to buy health insurance stems from the fact that your government is too scared to institute a full-fledged state-run health care system. If they did, I'm sure you'd complain about the loss of free enterprise. What's a government to do?
Abusive comment hidden. (Show it anyway.)
You all realize, of course, that the only people who will be affected by this tax/mandate are those who don't already have health insurance. Those who are already covered will pay no penalty. The ones who don't have health insurance because they can't afford it or are barred by preexisting conditions will get help. So the ones who will pay are those who choose not to buy health insurance because they think they don't need it. The inclusion of those folks will level out the risk pool and enable coverage for everyone.

However, you might argue about the principle. I hate that private for-profit insurance companies are reaping the benefits here, instead of a single payer system like Canada and most of Europe. If we took the profit motive out of the insurance business, prices would be more manageable for all. And the wealthy could still pay extra for premium service.
Abusive comment hidden. (Show it anyway.)
Alan...we've had the same system in Australia for years. Although I pay for Medicare like every other tax payer, I also have to purchase private health insurance to avoid being taxed even more (the levy). Total cost around $3000 per year, Oh, and even with that I'm not 100% covered for my medical expenses. Nothing special, mate.
Abusive comment hidden. (Show it anyway.)
@Chuck - "And they are beholden to me, the customer. If I don’t like their product, I can take my business elsewhere. I also have the option of paying for health care out of pocket in a free-market system."

I'd guess that based on that statement, you're a young guy with no health issues. In reality, a) you can't take your business elsewhere - buying healthcare insurance isn't easy when you're older and/or have pre-existing conditions and b) paying out of pocket for healthcare for serious conditions can bankrupt you quickly.

@Alan...yes THAT Alan - How about income tax? Do you have the option not to work and earn income to avoid being subjected to income tax?
Abusive comment hidden. (Show it anyway.)
Rooboy,
It's not the "social medical care" that bothers us. It's that, for the first time in US history, we are required to go out and buy something from private companies, whether we want it or not. If we choose NOT to buy it (or cannot afford the price that they feel like charging us), then we are penalized by paying a tax.
Essentially this is now a tax that is paid just because we're US citizens.

Graystone2000,
Car insurance? I have a choice on whether or not I own a car, and if I don't, I don't get punished with extra taxes.
House insurance? I have a choice on whether or not I own a house and I also have a choice on whether or not I want to insure my house (assuming it's fully owned by me and not financed). If I don't own a house or if I don't choose to insure it, I don't get punished with extra taxes.

How about this? All Americans MUST buy at least 2 cans of Coca-cola/week, whether they want to or not. If they do not (or cannot afford) to buy the Coca-cola at its new prices, they will be punished with a penalty tax.

Curious what will happen in the future when millions of us refuse to pay that Citizen-tax. Will the prisons start filling up with all of us non-violent, hardworking people because we're considered criminals now?
And you'd better believe insurance costs are going to skyrocket when it's required for people to buy it.
Abusive comment hidden. (Show it anyway.)
Miss Cellania, you are correct that insurance company bureaucrats are making those decisions now. And they are beholden to me, the customer. If I don't like their product, I can take my business elsewhere. I also have the option of paying for health care out of pocket in a free-market system. And, yes, I realize insurance is heavily regulated (don't like the government regulations? Congratulations - we just put those folks in charge of the whole enchilada), the point about choice stands. Under Obamacare, only certain plans are allowed that will be determined by federal decree. I'm sure government control will do wonders for our health care system. Just look at how well Social Security is run! It's only projected to go bankrupt in 5-7 years!

iron-hands, charity is the correct answer. Not coercion at the hands of bumbling politicians.

Rooboy, in case you hadn't noticed, when world leaders from other nations need the best treatment, they come to the USA. Medically, scientifically, our health care is the greatest in the history of the world. What's broken is the economic, payment side. The ACA does not fix that problem, but only exacerbates it by increasing government regulation.

All of the above ignore the fact that the decision handed down was terribly reasoned. CJ Roberts determined that, in order to get what he wanted, the text of the law would be interpreted contrary to its very specific meaning. The precedent set, that the gov't can compel any type of behavior through taxation, is dangerous and antithetical to the purpose of the Constitution.

/rant.
Abusive comment hidden. (Show it anyway.)
What is Americas hang up on social medical care for everyone? WTF is wrong with you people?

In case you hadn't noticed, low cost or free public health care works in MANY MANY countries around the world, try evolving to something outside of yourselves, oh and drop the religious arguments they're off topic and a complete waste of time and energy
Abusive comment hidden. (Show it anyway.)
All I have to say about "Obamacare" (coming from a country with free health care) is one simple question:

Does the child of someone with no health insurance deserve to be treated differently than one who does?
Abusive comment hidden. (Show it anyway.)
Miss Cellania, I think what is going on with people like Che is Dead is the common misconception that those using government assistance are all unemployed hot cheetos munching "welfare queens" when many do work full time but still need help in a lot of areas. I've known people that need daycare assistance for example. A FT $12/hr job after daycare and fuel might leave you with little to nothing. Of course, Che would just say something akin to "don't breed 'em, if you can't feed 'em." You know, because no one loses employment after producing children. Nope. That never happens.
Abusive comment hidden. (Show it anyway.)
Where is the money coming from if everyone that already has insurance isn't taxed? 1% income tax from the people that don't currently have insurance? Yeah, I'm not seeing that covering the bill. Something tells me the only way the government is going to be able to afford this is if they do away with private insurance. I'm not comfortable with the people in federal government having that kind of power. Everyone seems happy to give the government all kinds of power when the people they like are in charge of it.
Abusive comment hidden. (Show it anyway.)
Just because the bill has "affordable" in the name, does not mean insurance will magically become affordable. With a 2,409 page bill, nobody really knows what will happen with health insurance prices. At best, the bill is a gamble with hopes it will reduce prices.

As it stands, the court struck down the requirements that states expand medicaid. So depending on the state you live in, you may get the tax increase and get nothing in return. Depending on how that pans out, this may end up being once giant tax on those who already can't afford health insurance.
Abusive comment hidden. (Show it anyway.)
"Seems just a play on words. “We’re not telling you to obey us, we’re just punishing you if you don’t obey us”."

Our tax code is full of such punishments: don't own a tree farm? Then you're not getting the tree farm tax break. Don't own an oil drilling platform in the Gulf of Mexico? Then you're not getting The Oil Drilling Platform in the Gulf of Mexico tax break.

They raised taxes on everyone, and if you have health insurance you get a tax break.
Abusive comment hidden. (Show it anyway.)
Che is dead, I work to support myself and my family. I work to pay for the electricity and the heating fuel and the housing. I work to pay into a federal retirement system called social security. I work to pay into Medicare so that someday I can have these chest pains checked out. I work to set an example of independence for my children. I work to buy a new pair of jeans now and then. I work because I do not want to live the way those who can't work do. The fact that I make a living doing something I enjoy is just luck.

Do you honestly think working people will give up jobs just because they are now eligible for subsidized health care? It still ain't gonna be free -just affordable.

You better believe I vote every opportunity I get. But those with more money will always have more power in the US.
Abusive comment hidden. (Show it anyway.)
Chuck, you do realize that someone is already calling those shots, don't you? Right now, your health care decisions are being made by someone who works for a health insurance company -someone who earns bonuses by denying claims. That is, if you have insurance.
Abusive comment hidden. (Show it anyway.)
People talk about "free" this and "free" that and "being subsidized". My friends, NOTHING is free. It is all paid for somewhere by someone. Simply because you want it does not mean you have the right to force someone else to give it to you. At least that was true until this morning.

People want to see doctors and nurses paid by the government. Well, friends, let's think that through. If the government is paying the bills, the government is calling the shots. Some bureaucrat in an office somewhere would be deciding what health care services you can receive. You want more or different care? Not your call, pal.

What today's Supreme Court decision means is that the federal government, in all of their infinite wisdom, may now compel any behavior they like through penalties, erm, I mean, taxes. It means that the power of the federal government is no longer constrained by the Constitution. Our liberty and freedom is now explicitly and only what temporary politicians decide that it is.

It was a nice run while it lasted.
Abusive comment hidden. (Show it anyway.)
"I’m afraid my neighbors will be subsidized as well. I don’t live in a particularly high-dollar neighborhood." -- Miss Cellania

Well, that makes it alright then. Why work? Just feel free to vote yourself all the wealth from the "otherside of town" that you feel entitled to.
Abusive comment hidden. (Show it anyway.)
I don't think employers should be responsible for people's healthcare insurance, that's what drives up the cost and lowers the quality.

Everyone should be responsible for their own health insurance. We would get a better bang for our bucks.
Abusive comment hidden. (Show it anyway.)
Grrr, I've already had to stop reading 3 or 4 different blogs and webcomics because they started mixing politics and my enjoyment of interesting (and funny) things. I find a lot of the content on this blog very "neat", and i find politics very interesting (heck i minored in it in college), but i don't like my "neat" things and my politics mixing.

I find that most of the not quite as "neat" blogs that i've previously stopped reading contained enough of a toxic mix of ignorance and proselytizing when it came to politics (even excluding the comment section) that it was difficult to stay aboard. When it became a regular thing to see politics mixed in the articles of the day, i just lost interest.

Please keep the "neatness" to stuff we can all enjoy, not stuff that half of us will enjoy, while half of us roll our eyes.
Abusive comment hidden. (Show it anyway.)
Agreed.. but if we spent the same effort on ohh I dunno.. 10 years of war then this would be much more affordable. the Affordable World Domination Act seems to have gotten less attention...

(yes, snark, but why not?)
Abusive comment hidden. (Show it anyway.)
> If you don’t know any details about the Health Care Act please stop talking

...and you have read all 2,409 pages? I have yet to encounter anyone who has. This is the problem, nobody full understand how this mess of a bill will pan out. the bulk of the bill itself is a reason to repeal it.

> how it BENEFITS you vs. the cost to you

So we should disregard how this bill will impact us as a nation and only look at the selfish benefits that it will offer us personally? If this is what we have become as a nation, we have a very dark future ahead of us.
Abusive comment hidden. (Show it anyway.)
Ok, 2 cents here...
1) Why aren't people as offended when they have to buy homeowners insurance or auto insurance? Where's your outrage when the government pays for flood insurance for people building in flood zones? Insuring sick people is no different... Why pick on health care?

2) Who in their right mind would rather have their employer choose their health insurance? You may not like 'government mandate' but every job I've had gave me one choice (if that) for health insurance and one price. And you like that BETTER? And when my employer decides to make a change, I have no choice. GREAT SYSTEM!

3) Governments purpose is to do things we can't do individually. Why do I pay for a bridge I don't drive over? (until I need to). Why pay for education? (until I want proper change from McDonalds) Why pay for roads? (Until I want food delivered from field to grocery store).

4) The tax is 1%. That's the biggest tax increase in history? I think not... I've had bigger increases than that in the last couple years on the state and local level (combined it's more than any savings from the Bush Cuts)

5) If you don't know any details about the Health Care Act please stop talking until you've understood how it BENEFITS you vs. the cost to you (if you know the cost either)... I'd rather see arguments of what you are RECEIVING for this cost vs. just rhetoric.

Thanks!
Abusive comment hidden. (Show it anyway.)
From my perspective, people actually want Obamacare, just not when it's called Obamacare... Several polls show that when the elements of the plan are separated, they are overwhelmingly popular (the exception is the individual mandate). But already, millions of Americans have benefited from ObamaCare, in fact my kids have insurance now, and if the bill wouldn't have passed they wouldn't. And I am not aware of a single person who has lost their job or taken a pay cut due to this law.

And, much of it hasn't taken effect, yet. The benefits will expand after 2014. Medicaid will be significantly expanded, Medicare's trust fund will be extended, seniors have free preventive care and check ups. Preventive care will (eventually) be free in all insurance plans. Tax credits will help millions afford coverage; and small business tax credits will be magnified.
Abusive comment hidden. (Show it anyway.)
Thank you, comrade! But I'm afraid my neighbors will be subsidized as well. I don't live in a particularly high-dollar neighborhood.

Come to think of it, most of them already are on Medicare. Which I am billed for every year.
Abusive comment hidden. (Show it anyway.)
I'm personally thankful for Obama care and some of its policies. When I graduated from college and didn't have a job, I was fortunate to be under my parents insurance and will continue to be covered until I'm 26. Hooray!
Abusive comment hidden. (Show it anyway.)
@Che is Dead: Someone might never own a car, but eventually everyone needs health care. I can't find the reference right now, but I understand that one of the people who testified against Obamacare (AMA, whatever) saying they didn't need insurance ended up falling ill and purchasing insurance to cover the costs - exactly what the individual mandate was designed for. Healthy people don't need coverage, but no one is healthy forever.

I'd REALLY REALLY like to see this changed to a system where doctors and nurses are paid like police and fireman (why do I have to worry about my insurance coverage when an ambulance shows up? I don't worry like that when a firetruck rolls up.) But until that happens, this strange stopgap is what we get.
Abusive comment hidden. (Show it anyway.)
"... my pre-existing condition is that I am over 50 and low income. It was never affordable until now, and according to the charts, will be subsidized." -- Miss Cellania

What a wonderful day for you, comrade. Now the government will send someone with a gun to your neighbors door to insist that they help pay for your healthcare. You must be so proud.
Abusive comment hidden. (Show it anyway.)
@Ramalama - while we don't post a lot of political content on Neatorama, I think it's worthwhile to discuss certain big and controversial topics on the blog. Otherwise, we'd miss out on a lot of interesting discussion opportunities.
Abusive comment hidden. (Show it anyway.)
I guess what I have seen of this is again that proChoice is marched around the block it's not a question of abortion being legal it's a question of it being funded (as in paid for by taxpayer dollars). I do think reporductive rights are a good thing (there are allot of people on this rock). But like the kids who's parents hedge funds paid so they could sit around and occupy this is smoke and mirrors that will hurt the working person more. How much did we just waste on this bad idea of giving everyone everything? Entitlement is a little hard to take when your scraping to pay bills it would be one thing if it would m=put every congress person in this health care group if it is so good. But our taxes pay for another special plan for them.
Abusive comment hidden. (Show it anyway.)
I am beyond thrilled that Obamacare has not been repealed - without it I would not have health insurance. It is a flawed legislation I will grant you - it is not perfect - but it provides a foundation for further improvement. I firmly believe that 100 years from now our hard fought battles like this and gay right and perhaps even the crippling debt facing our nation's students will be quaint little struggles in history where the outcome seems a forgone conclusion then but here and now seems hopelessly bleak (no matter which side you're on).

That being said I'm sad to see a divisively political article posted here on Neatorama. This is not the blog for left and right, red and blue, with international kibitzers. If I wanted that I would go to a news blog/forum/news source. Stick to neat things, neatorama.
Abusive comment hidden. (Show it anyway.)
Allowing a company to set rules for itself is just ridiculous. This is a lot like putting the bankers in charge of banking reform or the communications companies in charge of the FCC. I'm all for centralised healthcare. I lived in NZ for years and it was the easiest and best tax and healthcare system I have ever seen. ObamaCare will help just one demographic: The HealthCare Conglomerate. Bush and Obama have done more to advance a two tiered society than any other administrations since the Roman Empire.
Abusive comment hidden. (Show it anyway.)
Apparently the Constitution has been trumped not by the Commerce Clause, but the IRS Code. Where are the limits of government? Can they now require that I buy an American made car, or pay the "tax"? Eat my broccoli, or pay the "tax"? Lose weight, stop smoking and drinking, get a haircut, or pay the "tax"?

This is a liberal wet dream. This ruling allows that a tiny pseudo-intellectual elite to dictate the personal decisions of hundreds of millions of Americans. And to enforce their dictates through the imposition of a malignant Skinnerian behavior modification program.
Abusive comment hidden. (Show it anyway.)
sad old goth, sure, I know that. But my pre-existing condition is that I am over 50 and low income. It was never affordable until now, and according to the charts, will be subsidized.

I only wish this "tax" were actually going to the government instead of the profits of the insurance companies.
Abusive comment hidden. (Show it anyway.)
I don't like it. Next there will be the didn't eat your broccoli tax. John Roberts just gave unlimited power to congress. Gotta vote for Romney to repeal this monster.
Abusive comment hidden. (Show it anyway.)
Miss Cellania,
this ruling doesn't mean you're going to be handed health care coverage..
it means that if your employer doesn't offer it to you, you have to
purchase it on your own, or face fines ("taxes") to offset the cost of
any medical care you need, but can't pay for.
Abusive comment hidden. (Show it anyway.)
Seems just a play on words. "We're not telling you to obey us, we're just punishing you if you don't obey us".

When viewed as a tax, this law is doing exactly what Obama said he wouldn't do... raise taxes on the poor and middle class. So if you can't afford health insurance, you are now saddled with an added tax burden. Granted the tax is less than the insurance, but still it's a blow to those struggling to make ends meet.
Abusive comment hidden. (Show it anyway.)
Calling the mandate a tax - which is what it always was - helps in that taxes are always unpopular with the electorate. Obamacare would never have been passed if the tax label had held in the first place. Now Obama and the Dems have to defend the biggest tax increase in US history during a time of serious economic trouble. This alone give Romney more ammo, but also pretty much insures that the economy is not going to improve one bit now that businesses know things are not going to get better.
Abusive comment hidden. (Show it anyway.)
I'm still disappointed we couldn't get some real single-payer healthcare passed. I haven't had health insurance since I left college 20 yrs ago, and I'm still not sure if this is going to help me at all.
Abusive comment hidden. (Show it anyway.)
The Court said the individual mandate was unconstitutional, then declared the funding for Obamacare to be a tax (which it is). I am personally relieved that the Court ruled that the government cannot force a person to buy anything.

Looks like Obama will still need to convince the overwhelming majority of Americans who still hate the law to suddenly embrace it, along with an enormous new tax to pay for it in a horrible economy, all in four months.

Not saying it is impossible, but look back to 2010 and along with the fact that public opinion has not wavered in three years, Obama has his work cut out for him.

In my opinion, the law will be repealed before it gets a chance to be implemented by a new administration and we will all look back on this as a horrible but necessary mistake needed in order to define the role of the government.
Abusive comment hidden. (Show it anyway.)
Question of the day: Now that this ruling is out, is there anything the government *can't* mandate you to do/buy under the premise of taxation?
Abusive comment hidden. (Show it anyway.)
Login to comment.
Click here to access all of this post's 44 comments
Email This Post to a Friend
"Supreme Court Upholds Obamacare"

Separate multiple emails with a comma. Limit 5.

 

Success! Your email has been sent!

close window
X

This website uses cookies.

This website uses cookies to improve user experience. By using this website you consent to all cookies in accordance with our Privacy Policy.

I agree
 
Learn More