Upheld

I’m less depressed about the Supreme Court upholding Obamacare than I thought I would be.  We had Obamacare yesterday, and we still have it today.  Now we need to work hard to get a Republican Senate so we can overturn the blasted thing in Congress.  Will this fire up the conservative base on Romney’s behalf?  Time will only tell.

And there is a silver lining.  From Jonathan Adler at NRO:

According to SCOTUSBlog, while Chief Justice Roberts concluded the mandate is a tax, he also rejected the Commerce Clause arguments in favor of the mandate.  This is significant, because it will limit the ability of Congress to adopt additional mandates in the future.  No one will be able to claim such requirements are not a tax, and this will make such requirements more difficult to enact.

Equally important, the majority narrowed the Medicaid provisions substantially in a way that limits Congress’s power to impose conditions on the receipt of federal spending. Specifically, the Court held that Congress may attach conditions on the receipt of new money — in this case the Medicaid expansion — but that Congress may not condition the receipt of funds for separate, pre-existing programs on compliance with the conditions for the new program. In other words, if states refuse to go along with the Medicaid expansion, they don’t lose existing Medicaid funds. If my understanding is accurate, this opinion would mark the firmest limit on use of the spending power in decades, and could constrain lots of future mischief.

 

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About Mystic Cowgirl

I worked overseas in the aid game for longer than I'd like to admit and learned several important things: 1) Third World countries aren't poor because America is rich. They're impoverished due to socialist governments that provide neither rule of law nor basic infrastructures; 2) These socialist governments redistribute wealth from taxpayers to the government workers. There's no benefit to the poor or downtrodden, and certainly not to the general welfare in terms of infrastructure improvements. 3) America is moving toward the Third World model. Rule of law has been subverted because equality under the law is disappearing as special interests carve out exemptions to regulations and special favors under the law. The redistribution of wealth to government began decades ago -- total compensation for government employees now outpaces salaries in the private sector.
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